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33  WI-ST  MAIN  STREET 

wEbsTcS, rj.y.  i45S0 

(716)  872-4303 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Cc  adian  Institute  for  Historical  MIcroreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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□    Coloured  covers/ 
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[      I    Covers  damsged/ 


n 


n 


n 


n 


D 


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Covers  restored  and/or  laminated/ 
Couverture  lestaur^e  et/ou  pelliculie 


□    Cover  title  missing/ 
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10X  14X  18X  22X 


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24X 


2&X 


32X 


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first  page  with  a  printed  or  illustrated  Impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  micrcfiche 
shall  contain  the  symbol  — *►  (meaning  "COM- 
TINUED"!,  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
methods 


Lor  images  suivantes  ont  6t6  reproduites  avec  ie 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettet6  de  l'exemplaire  fllm6,  et  en 
conformity  avec  las  conditions  du  contrat  de 
filmage. 

Les  exemplaires  origlnaux  dont  la  couverture  en 
papier  est  imprimie  sont  film6s  en  commenyant 
par  Ie  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustratlon,  soit  par  Ie  second 
plat,  selon  Ie  cas.  Tcus  les  autres  exemplaires 
origlnaux  sont  film6s  en  commenyant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustratlon  et  en  terminant  par 
la  derniAie  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  sulvants  apparattra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  Ie 
cas:  Ie  symbols  — »•  signifie  "A  SUiVRE",  Ie 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  6tre 
film6s  k  des  taux  de  reduction  diffdrents. 
Lorsque  ie  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichi,  11  est  filmi  A  partir 
de  Tangle  supdrieur  gauche,  de  gauche  d  droito, 
et  de  haut  en  bas,  en  prenant  Ie  nombre 
d'images  ndcesseire.  Les  diagrammes  suivants 
illu     ent  la  m6thoiie. 


1  2  3 

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1 

2 

3 

4 

5 

6 

Ii' 


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BRIEF  EXPOSITION 


OF   THE   CASE   OF 


ELBERT  ANDERSON, 


liATi;  AHJO.  COJCTTiACTOB.,  8w.  &c. 


• 


WASHINGTON  CITY: 

tvansj)  BT  ymhiAX  coopbb,  tvs. 


1826. 


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IHSS 


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»-TOV*^ 


To  the  Honourable 


^  The  undersigned,  Elbert  Anderson,  of  the  Stat^^f  g^^^^^^ 
late  aB-iM»<:ontractor  for  the  army  of  the  United  States,  very 
respeSTsoUcits  your  attention  toihe  facts  and  p"^^^^^^^^^^^ 
claims  on  tW  justice  of  his  country,  arising  from  two  contracts  mm 
ft,  one  dated  T^ovember  7th,  1811,  and  the  ^^her  dated  Febr^^^^^^^^ 
25th,  1813,  copies  of  both  which  are  hereto  annexed.  By  the  hrst 
of  them  the  Petitioner  contracted  to  mpply,  from  June  1,  1812, 
t  My  31,  1813   the  rations  which  should  be  required  ^  him  fo^ 

the  usi  of  the  United  States,  within  the  l^"^'*^^/ *  ^^/^f  * ^Jf  New 
York,  Niagara  and  its  dependencies  excepted,  and  the  State  ot  mw 
Jersey;  and  by  the  second,  to  supply,  froni  June  1,  1813,  to  May 
''^l  1814  such  rations  within  the  State  of  New  York,  and  its  wes- 
tern and  northern  vicinities.  Under  these  contracts  the  Petitioner 
conceTvesMmself  fully  entitled  to  an  allowance  by  Congress  of  sun- 
drrchTms^of  ^^^^^^^  y««^  consideration,  the  follow- 

ing  exposition. 

CLAIM  FOR  CASKS,  PACKAGES,  &C.  &C. 

This  claim  amounts  to  g  29,700  06,  of  which  sum,  »  24,894  20, 
are  ehe  value  of  such  of  the  casks,  barrels  and  Packaps,  furnished 
in  consequence  of  his  aforesaid  contracts,  as  were,  after  their  expi- 
ration retained  by  the  government  ;-8 1,901  11,  are  the  value  of 
such  as  had  been  captured  or  destroyed  by  the  enemy  pand  8  2,904 
75  cents,  are  the  value  of  such  as  had  been  lost  or  destroyed  by  the 
trooDS  of  the  United  States.  i  ^  ^f 

rThe  first  item  of  this  claim  is  g  13,972  30  cents,  the  value  of 
the  casks,  barrels  and  packages,  furnished  i"  *^?"^.^^"Xr%u  pv 
contract  of  November  7,  1811,  which  were  ^^ta^ned,  after  its  ex- 
piration, by  the  United  States.    On  reference  to  this  contract,  it 
will  appear  that  the  Petitioner  was  bound,  bv  the  1st  article  ot  it, 
to  furiiish  «  rations"  only  j  and  the  2d  article  declares,  that  a  ra- 
tion  shall  consist  of  «  one  pound  and  a  quarter  of  beef,  or  three 
«  quarters  of  a  pound  of  pork,  eighteen  ounces  of  bread  or  flour,  one 
«  iill  ot  rum,  whisky  or  brandy,  and  at  the  rate  of  two  quarts  ol 
«  salt,  four  quarts  of  vinegar,  four  pounds  of  soap,  and  one  pound 
«  and  a  half  of  candles,  to  every  hundred  rations."    In  the  absence, 
then,  of  an  express  stipulation  by  the  Petitioner,  to  furnish  some- 
thino-  beside  the  rations,  no  sound  rule  of  construction  will  imply 
such  a  stipulation,  unless  on  principles  derivable  from  general  usage, 
or  from  some  special  usage  obligatory  on  the  parties,    it  is  not 
the  general  usage  for  the  vendor  to  furnish,  free  from  a  senarate 
char-e,  the  enclosure  of  the  article  sold :  Though  sometimes  he  m- 
crease-^'  the  nominal  price  of  the  article,  so  as  to  include  the  vulnn 


\-^'  '• 


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fli 


:^. 


•*  i 


of  the  enclosure  ;-And  then  the  article  is  ««W  ^y  jte  ow^^^^^^^ 
in.l  that  of  the  enclosure,  joini^y;  as  for  example,  a  barrel  ot  beet,  a 
i  ofwhi  kyXc      But-'in  no  other  instances  is  the. bu;rer  exempt 
from  a  separate  c^.arge  for  the  enclosure.     And  so  it  is  ,n  the  case 
of  an  iSter.      iS  regard  to  any  special  usage  applicable  to 
?L  iterl^^he  most  cogen't  argument  in  its  support   exists  m  the 
Dractice  of  the  government  itself;  which,   so   far   as  the  Feti- 
Sone'  S  informed,  has,  in  all  contracts  made  in  reference  to  the 
Atlantic  States,  allowed  a  sepa.afe  charge  for  casks,  barrels  and 
packages.      The  report  on  the   Petitioner's  claim,  made  on  the 
lathlf  August,  1824,  by  Mr.  Calhoun,  then  Secretary  of  War, 
Idmitsthatluch  charges  Ld  been  allowed  to  the  Pf  tio"er!  "nder 
previous  contracts,  in  cases   where  he  had  'jsued  provisions   to 
troops  on  march,  or  on  board  of  transports;    And  there  is  surely 
io  difference  between  the  P"nciple  which  allows  a  diarge  made 
under   these    circumstances,   and    that  of   which   the   benetit  is 
claimed  for  enclosures  of  provisions  deposited  by  the  contractor  in 
the  storehouses  of  the  United  States.    In  both  cases,  these  enclo- 
sures  were  retained  by  the  Government;  in  both  cases  had  they  been 
3  for  by  Jhe  Petitioner,  and  lost  to  him  by  its  act  m  so  retaining 
tCi     That  the  construction  for  which  tlie  Petitioner  contends 

has  been  heretofore  adopted  by  the  9"yf^""^«"*V  M?Jars"mers 
bv  many  examples.  Of  these,  one  is  the  case  of  Mr.  Janies  Byers, 
/ho  as/ed  and'obtained  g  14,502  49  in  payment «[ casks, ^^^^^^^^^^^ 
used  by  him  in  depositing  rations,  and  retained  by  the  Unit_ed  States. 
In  this  case,  Mr.  Monroe,  acting  Secretary  of  War,  on  the  13th  ot 
OctlerTlsX  directed,  in  a  letter  of  that  date,  the  Accountant 
of  the  War  Department  that  "  it  did  not  appear  by  Byers'  contract 
«  tha?  he  was  bSund  to  furnish  casks  and  boxes;  or  ^n  other  ^r^^ 
<i  it  did  appear  that  when  the  rations  were  issued,  the  casks  and 
u  boxes  befonged  to  the  contractor;  and  that  if,  therefore,  the  casks, 
..  Z.      .   s '    La  „^+  Kn»n  rPtiirnpd  to  h  m,  and  were  charged  at  a 


be  observed,  that  the  reiiuoner  s  uuuiia».t  x^k  -^-"'^ • '  --     '      , 

contemporaneous,  and  substantially  identical  in  its  ?ovenants,  mth 

that  of  Mr.  Byers,  which  was  the  sub  ect  of  a  decision  emanating 

from  authority  so  high,  and  so  well  calculated  to  inspire  confidence 

niTasanop^erativf  precedent.    This  decision  was  m  tuU  force 

when  the  item  of  the  Petitioner's  claim,  now  under  consideration, 

accrued :  BuTin  March,  1815,  the  letter  aforesaid  was  shown  to 

him,  wihTe  addition  of  an  interpolation  or  postscript  by  Mr. 

Monroe   assiening  a  reason  for  the  allowance  to  Mr.  Byers,  dil- 

S  f^om  tCltated  in  the  letter  itself.    The  Petitioner  pre 

Ssnotl  conjecture  the  history  of  this  ^nterpo  ation    no^^  ^^^^^^^ 

he  ascertain  its  precise  date.    But  as  it  was  certainly  made  suD- 

sequen  ly  to  th^e  birth  of  his  claim,    it    cannot    prejudice    that 

daraess  invested  with  an  --post-facto  efficacy,  whic^^^ 

be  od  ous  to  Congress,  as  it  has  ever  been  to  the  moral  sense  ol 

mankind.      Precedents  are   substitutes    tor    ^^ll^'^J'^'^'^'^^^^^ 

Ihem  in  character;  and  if  an  ex-post-facto  law  be  pei  se  inequit 


1815, 


able,  so  also  must  be  an  ex-post-facto  precedent.    The  Petition- 
er contends,  then,  for  the  unimpaired  benefit  of  Mr.  Monroe  9 
original  decision,  and  in  thus  contending,  is  susteined  by  the  pro- 
ceedings of  the  Government  in  a  case  where  the  facts  just  referred 
to  passid  before  its  deliberate  review,  and  received  its  most  autho- 
ritative determination.    Matthew  L.  Davis,  under  his  contract  of 
April  26,  1814,  commencing  June  1,  1814,  and  ending  May  ol, 
1815,  obtained  a  credit  for  casks  and  boxes  amounting  to  »2,814  57, 
under  the  following  circumstances:  He  placed  in  depot,  at  Mevv 
York  and  its  vicinfty,  in  December,  1814,  provisions  m  bulk,  tor 
which  he  took  the  officers'  receipts,  including  the  casks  and  boxes  ; 
and  on  settlement  of  his  accounts  by  the  then  Accountant,  January 
17,  1815,  he  received  a  credit  for  the  casks,  &c.  in  which  the  pro- 
visions were  contained,  as  well  as  for  the  provisions  tliemselves. 
Afterward,  (the  Third  Auditor  supposes  on  sett  ement  of  March  28, 
1815^  the  same  Accountant  reversed  this  credit,  alleging  "that  u 
«  had  been  admitted  in  the  previous  statements  prior  to  the  ultimate 
«  decision  of  the  Secretary  of  War,  that  no  allovyance  shaU  be  made 
«  to  contractors,  for  barrels,  casks,  &c.  except  in  special  cases  ol 
"contract  with  the  War  Department f  what  the  Accountant  is 
here  pleased  to  style  «  an  ultimate  decision.^  being  the  interpolation 
or  nostscrint  to  which  the  Petitioner  has  before  referred.     Mr.  IJa- 
V LraccoTnt  relined  in  this  situation  until  March  2d,  1817    when 
Mr.  George  Graham,  then  acting  SecretaiT  of  War,  decided  that 
c'  the  amount  of  the  charge  for  casks,  barrels,  boxes,  &c.  which  had 
"  been  admitted  to  the  credit  of  the  contractor  previous  to  the  de- 
«  cision  of  the  Secretary  of  War,  and  for  which  a  warrant  had  is- 
«  sued,  will  be  allowed.'^'     Mr.  Davis  having  received  back  for  issue 
most  of  the  provisions,  in  the  same  casks  and  boxes  m  v;;Jich  thcv 
had  been  deposited,  the  Third  Auditor  submitted,  on  March  2b, 
1817,  to  the  Secretary  of  War,  an  inquiry  whether  the  above  de- 
cisioi  went  to  exonerate  Davis  from  any  charge  for  these  casks  and 
boxes.    On  this  subject,  the  Second  Comptroller,  on  the  24th  of  No- 
vember, 1818,  decided  that  he  "could  not  interfere  with  the  de- 
«  cision  of  Mr.  Graham,  acting  Secretary  of  War,  sanctioned  by 
«  the  late  President  of  the  United  States;  and  that  the  amount  al- 
«  lowed  to  the  credit  of  Mr.  Davis,  for  casks,  barrels,  boxes,  &.c. 
«  would  remain  so,  without  being  re-charged  to  him.       <>*  J. '"*''*'■ 
dent  Madison's  opinion,  which  was  a  written  one,  as  the  Petitioner 
is  informed,  his  earnest  endeavours  have  hitherto  been  unable  to  ob- 
tain a  copy;  and  he  has  equally  failed  in  procuring  a  copy  ot  an 
opinion  m  favour  of  this,  and  the  next,  item  of  the  claim  now 
under  consideration,  which  was  given  by  the  late  Mr.  Dexter,  a  lor- 
mer  Secretary  of  W^ar,  and  who  was  the  author  '>f  the  blank  tonus  ol 
the  very  contracts  under  which  the  Petitioner's  claim  arises.     From 
the  fore.roing  facts,  it  appears  that  the  original  decision  ot  one  Se- 
cretary of  War,  on  Mr.  Byers'  case,  has  been  adhered  to  by  another 
Secretary  of  War,  as  the  nile  for  determining  a  claim  arising  be- 
fore  a  new  principle  was  infused  into  this  decision ;  that  the  Second 
Comptroller  has  declined  to  interfere  with  a  construction  soacrord- 


I? 


■  f 


ant  to  equity  and  reason ;  and  tlmt  it  had  been  sustained  by  the  en - 
rhtenei  mL  of  Mr.  Madison,  while  acting,  >vith  charactenst.c 
temlerness  of  conscience,  under  the  highest  respons.b.htT  known  to 
the  Constitution.  Tlie  Petitioner  invokes,  therefore,  these  ^0"^' 
derations  in  aid  of  his  claim,  with  a  hope  of  success,  which  is  am- 
mated  by  tho  reflection  that  one  of  the  profoundest  lawyers  who 

ever  presided  over  tiie  Department  of  ^V^^v  P^«f ^^'^^^V^n^f  tho 
the  very  contract  under  which  this  claim  arises,  am  sanct  oned  the 
construction  of  it,  which  is  now  contended  for. ..  U"  wdl;  g  to  vex 
Congress  with  an  application  wiiich  might  possibly  be  unfounded, 
the  Petitioner  submitted  this  and  the  subsequent  item  to  the  scru- 
tiny ot  individuals,  whose  moral  and  professional  reputation  enti- 
tled them  to  his  confidence,  and  whose  authority  on  a  quest  on 
arising  under  the  law  of  contracts  he  could  not  avoid  regarding 
as  being  at  least  equal  to  that  of  the  Third  Auditor. 

If,  c«?ntrarily  to  the  Petitioner's  deliberate  expectations,  the  sup- 
plement to  Mr.  Monroe's  original  letter  be  deemed  applicable  to 
this  item,  he  would  respectfully  urge  the  propriety  of  its  being  al- 
lowed on  the  very  principle  of  that  supplement. 

The  Petitioner  and  Mr.  Byers  were  in  January,  1812,  called  to 
Washington,  by  the  Secretary  of  War,  in  consequence  ot  «  new  ar- 
'i  rangements  being  required  in  the  provision  department  of  the  ar- 
«  mv?'  and  directed  to  provide  rations  for  a  nominal  torce,  at  pla- 
ces not  fortified,  and  to  deposit  rations  at  places  where  was  no 
actual  force, and  therefore  no  immediate  consumption;  they  were 
required    to   supply    salted    beef  and  pork  « wholly"  and  Aon 
«  wholly,"  for  periods  during  portions  of  which  their  contracts  did 
not  restrict  them  to  these  articles :  And  it  was  understood  that 
for  complying  with  these,  and   other  requisitions,  not  authoriz- 
ed by  contract,  the  Contractors  should  be  compensated.    The  Peti- 
tioner complied  with  them,  nor  did  Mr.  B.  do  any  thing  more  to 
entitle  him  to  a  compensation  not  stipulated  m  his  contract.    It 
would  be  superfluous  for  the  Petitioner  to  say  how  difficult  obedi- 
ence to  these  requisitions  was  rendered  by  existing  circumstances, 
or  with  what  zealous  alacrity  he  endeavoured  to  meet  the  wishes  ot 
Government,  and  the  exigencies  of  the  service.    It  must  be  observ- 
ed moreover,  that  the  Government,  while  admitting  the  usage  enti- 
tling the  Contractors  to  a  return  or  payment  of  the  casKS  &c.,  ex- 
pected them  to  issue  in  detail,  when  necessary,   the  component 
parts  of  the  rations  already  deposited,  and  that  the  deposites  should 
be  charged  to  the  Contractor  at  the  prices  fixed  in  the  contract  of 
November  7,  1811,  subject  to  a  commissariat  allowance  for  issuing. 
From  the  contemporaneous  correspondence  it  will  appear,  that  at 
the  date  of  the  deposites  the  Government  had  received  from  Mr.  B., 
as  well  as  from  the  Petitioner,  a  promise  to  make  the  issues  in  de- 
tail, on  the  principles  just  stated.     This  promise  was  performed  by 
the  Petitioner,  but  Mr.  B.  receded  from  it,  thereby  obliging  the 
Government  to  transport,  at  its  own  hazard  ^""  f  ^PJl'^.^' [o^^^^.yj' 
al  hundred  miles,  the  provisions  he  had  deposited,  which,  from  their 
nature,  were  subject  t6  gi-eat  loss  and  decay.    Such  consequences 


HI 


the  en- 
:teristic 
nown  to 
e  consi- 
li  is  ani- 
ers  "who 
1  eftect, 
ned  the 
to  vex 
'ounded, 
he  scru- 
on  enti- 
question 
egarding 


the  sup- 
cable  to 
►eing  al- 

:alled  to 

new  ar- 
f  the  ar- 
,  at  pla- 

was  no 
ley  were 
ind  flour 
racts  did 
tood  that 
authoriz- 
rhe  Peti- 

more  to 
tract.  It 
lit  obedi- 
mstanccs, 
wishes  ot" 
e  observ- 
lage  enti- 

&,c.,  ex- 
omponent 
:es  should 
>ntract  of 
»r  issuing, 
r,  that  at 
im  Mr.  B., 
les  in  de- 
'ormed  by 
(liging  the 
for  sever- 
from  their 
isequences 


to  the  Government,  in  the  instance  of  the  Petitioner,  were  averted 
by  the  promptitude  of  his  issues ;  But  he  sustained  a  heavy  loss  by 
taking,  at  tlie  increased  price  of  his  subsequent  contract,  such  of  the 
provisions  as  had  been  deposited  by  Mr.  B.,and  transported  to  Lake 
Champlain.  It  should  too  be  observed  that  the  casks,  barrels,  pack- 
ages, &c.  returned  to  the  Petitioner  were,  through  the  hard  and 
rough  service  which  they  had  undergone,  materially  impaired  in 
value; — a  loss  for  which  he  has  not  claimed,  and  does  not  claim, 
remuneration,  however  equitably  deserving  it. 

Additionally  to  these  farts,  the  Petitioner  must  remark  that  his 
purchases  and  requisitions  were  the  same  as  those  of  Mr.  Byeis ;  that 
in  most  instances  Mr.  B.  was  enabled  to  procure  railons  at  places, 
where  the  remoteness  of  them  from  all  markets  rendered  provisions 
cheap,  and  whence  a  long  transportation,  at  the  risk  and  expense  of 
the  U.  States,  became  necessary  ij — and  that,  on  the  other  hand,  the 
Petitioner's  purchases  were  made  in  the  State  of  New  York,  on 
navigable  waters,  where  provisions  were  high,  and  contiguous  to  pla- 
ces afterward  the  seat  oi  War.    On  every  ground  then,  it  would 
seem,  that  any  compensation  for  extra  services  to  which  Mr.  B.  was 
entitled,  on  the  principle  of  the  supplement  to  Mr.  Monroe's  origi- 
nal letter,  may,  with  at  least  equal  justice,  be  claimed  by  the  Peti- 
tioner. 

That  «  all  claims  arising  from  loss  sustained  by  requisitions  not 
authorized  by  the  contract,"  must  be  allowed  by  the  Government,  is 
a  piinciple  undisputed  hitherto,  and  in  terms  recognised  by  Mr. 
Crawford,  then  Secretary  of  War,  in  his  directions,  received  by  the 
Accountant,  January  27,  1816,  concerning  contracts  for  the  years 
1814—15. 

2.  The  second  item  of  this  claim  is  g  10,921  90,  the  value  of 
casks  &c.  furnished  in  consequence  of  the  contract  of  February  25, 
1813,  and  retained  after  its  expiration,  by  the  United  States.  To 
this  item,  most  of  the  previous  remarks  are  applicable,  as  the  con- 
tract under  which  it  arises,  like  that  of  November  7  1811,  obliged 
the  Contractor  to  provide  "  rations  "  only. 

If  for  the  payment  of  this  and  preceding  item,  no  st'^ulations 
were  made  in  the  contracts,  it  was  because  tfie  general  usage  of  bu- 
siness, and  the  previous  practice  of  the  Government  rendered  such 
stipulations  unnecessary. 

The  Petitioner  ha^  held  contracts  with  the  U.  States,  since  the 
year  1809,  and  invariably  obtained  compensation  for  casks  &c.  which 
had  been  required  of  him  for  the  use  or  the  army.  So  complete  was 
the  understanding  at  the  War  Department  on  this  subject,  that 
whenever  it  appeared  that  he  had  omitted  to  make  a  charge  for  them, 
the  officers  voluntarily  corrected  the  omission  by  introducing  the 
charge  into  the  Pnal  settlement,  to  the  debit  of  the  United  States. 
These  charges  were,  it  is  true,  from  the  extent  of  the  supply,  less  in 
amount  than  the  present  charge ; — but  a  diiference  in  the  amount 
makes  no  dift'erence  in  the  principle.  The  expectation  of  the  Go- 
vernment to  pay  this  and  the  former  item,  should  they  arise,  is  plainly 
inferiblo,  too,  from  the  facts,  that  on  November  7, 1812,  the  Petition- 


1^ 


r 


01-  exhibited  to  the  Secretary  of  War  a  written  schedule  of  the  ra 

ber7  1811,  in  which  schedile  the  casks,  barrels  &c.  containin| 
?i^,I'ra?i^^,  s  we^e  eparatelv  and  distinctly  charged  to  the  Umte, 
S  a  es  a  the  prices  Sow  cfai.ned;  that  tt.e  Secretary  offered  no 
oWPct  on  to  tne  char-e;  and  that  on  February  25,  1813,  another  con- 
?rtf  wSs  made  be  we^  the  Government-'and  the  Petitioner,  m 
which  were  covenants  exactly  similar  to  those  under  which  he  had 

-tXp^^r^^^  at  t;.^  W.  De,^--  of  ..  a.. 

cS'^;a"ckL^r&ccm« 

c?  tJ^^  Tppef  on  reference  to^hose  accounts :  And  trom  the  absence 
oPany  Stion  to  that  demand,  an  acquiescence  in  it  by  the  Depart- 
«u.n7,.,ust  be  inferred.  The  Petitioner  must  therefore  seek  the 
o"^  X?"  s^J^-ion,"  on  the  exhibition  of  hj^^  a-^^^^^  -- 
in  March,  1815,  of  the  items  now  claimed,  to  afterthought  suggest 
ed  bv  the  r  amount.  Hence  too,  he  must  suppose,  they  were,  V  an 
ex.post.fa  to  decision,  forced  out  of  the  operation  of  a  pnnciple  in 
whS.,  in  si"  ilar  cases,  compensation  had  been  granted  to  contem- 
poraneous  Contractors,  and  to  one  of  his  successors. 

'i  The  third  item  is  84,805  86.  Of  this  sum,  g  1901  11  arc 
the  valurof  casks  &c.  captured  and  destroyed  by  the  enemy,  and 
82  nOA^Xve  the  value  of  casks  &c.  lost  and  destroyed  by  the  troopa 
of  tCurdted  States,  in  descending  the  St.  Lawrence  The  item 
Arises  un  er  the  con  ract  of  February  25,  181 3,  of  which  the  6th  ar- 
?ic  e  P?iy  des,  «  that  all  losses  sustained  by  the  depredations  of  the 
«  enemT  or  b;  means  of  the  troops  of  the  fjnited  States,  in  articles 

"intenaed  to  compose  rations,  to  be  issued  r^''•*^'^?^  '' ne  tv" 

«  n .  the  nronerty  of  the  Contractor,  as  well  as  in  other  prope  ty 

ne'cessaSy^useHn  transp.,rting  the  same,  shall  be  paid  for  at  the 

^  rontra?  mice  of  the  rations,  or  the  component  parts,  and  at  the 

SnSecfvak^  ^^P^^I^'T  "^  Tfh^ 

u  Sore  cred^l^e  characters, »  &  c.    If  the  reasoning  in  favo^rof  tjie 

"vtrTf  f rom  ^^^^^  Fel-^^'J  «''  '8>3,  contemplate,  8ome. 

WnTbeS  Z  rations,  a,  the  subje'ct  of  los.  and  pajment.  and  . 
is  diflicult  to  be  imagined  what  it  could  have  contemplated,  except 
the  enclosures  used  in  transporting  them. 


CLAIM  FOR  INTEREST  ON  DECLAHED  BALANCES. 

This  claim  h  for  810,000,  the  interest  at  six  per  cent  per  an- 
num, arising  from  the  delay  of  the  Government  in  paying  certain 
warrant-i  issued,  and  certificates  given,  in  favour  of  the  Petitioner. 
Of  these,  the  Third  Auditor  reports  one  for  8181,243  57,  to 
be  dated  March  14,  1815,  and  paid  January  5,  1816;  one  for 
8  5(),75G  43,  to  he  dated    June  27,   1015,    and  paid   August  28, 

1815,  and  one  for  87,389  34,  to  be  dated  July  10,  1815,  and  paid 
January  5,  1816.  Bui  from  the  Report  of  the  Register  of  the 
Treasury,  it  appears  that  the  amounts  of  the  warrant  for  8181,3  T 
57,  and  that  for  S  7,389  34,  were  not  remitted  till  January   1  IfA, 

1816,  and  thfit  the  amount  of  the  warrant  for  8  56,756  42,  was  not 
remitted  till  September  ist  1815.  The  interest  accruing  from  the 
date  of  the  certificates,  to  September  5,  1815,  when  the  Petitioner 
received  in  New  York  the  remittance  for  the  warrant  for  $  56,756 
43  cents,  and  to  January  16,  1816,  when  he  there  received  the  re- 
mittances on  the  other  two  warrants,  is  !^  10,019  51,  and  was  stated 
by  the  Petitioner,  on  presenting  his  accounts  at  the  War  Depart- 
ment, in  round  numbers  at  8  10,000. 

The  tenth  article  of  the  contract  of  February  25,  1813,  under 
which  this  claim  originates,  provides  that  any  balance  which  shall 
be  found,  on  •'  any  settlement  of  his  accounts,"  to  be  due  to  the  Peti- 
tioner, shall  be  immediately  paid.  The  issuing  of  the  warrants  afore- 
said, admits  debts  to  their  amount  to  be  due  from  the  Government  to 
the  Petitioner ;  and  for  the  delay  occurring  in  the  payment  of  those 
debts,  there  seems  no  re.ison  why  the  Petitioner  should  not  receive 
the  same  compensation  which  the  law  would  have  compelled  an  indi- 
vidual debtor  to  make  to  him.  It  is  true  that  the  Tenth  article  of  the 
contract  requires  the  Petitioner,  in  case  of  a  failure  on  his  part  to 
comply  with  the  contract,  to  pay  interest  at  the  rate  of  six  per  cent, 
per  annum,  on  the  surplus  of  advances  which  might  have  been  made 
to  him,  and  that  it  does  not  express  any  contingency  on  which  the 
Government  is  to  pay  interest.  But  interest  universally  commen- 
ces whenever  the  principal  becomes  due,  and  the  object  of  the  stip- 
ulation obtained  from  the  contractor  was  merely  to  define,  what 
would  otherwise  have  been  uncertain,  the  period  when  the  interest, 
which  under  given  circumstances  might  be  due  from  him,  should 
commence.  That  the  obligations  of  every  contract  are  reciprocal, 
is  undeniable :  and  the  Petitioner  needs  not  advert  to  the  numerous 
instances  in  which  a  rule,  so  radicated  in  reason  and  conscience. 
has  been  sanctioned  bv  the  Legislature  ol  the  Union. 


t 


«' 


CLAIM    FOR    DAMAGES    ON    PROTESTED    BILLS. 

This  claim  is  for  » 20,000,  that  sum  being  t^%^^lJ^S"'  **  *i\^ 
rate  of  10  per  cent,  on  two  bills  ot  exchange,  one  for  »150,000,  and 
the  other  fbr  850,000,  drawn  October  27,  1814,  by  the  Petitionee 
on  the  Secretary  of  War,  and  protested  ^^JJ'^''-^%"'^f\r,..    .r^^ 

Bvthe  10th  article  of  the  contract  of  February  25,  1813,  the 
officers  of  the  United  States  are  prohibited  from  opposin-  aiiy  -'un- 
reasonable  or  unnecessary  dela/.to  setting  the  P^ti  ^ojier  s  ac^ 
counts.  This  contract  expired  by  its  own  limitation  on  the  ^Ist  ot 
May,  1814,  previously  to  which  time  the  Petitioner  had  become  m 
Xnce  to /e  governLnt  in  the  sum  of  8263,004  53^,  of  whidi 
,245,000,  on  the  vouchers  then  produced,  were  since  admit- 


sum 


'?  ^^ 


ted.  In  July  and  August  of  this  year,  ^is  accounts,  leaving  a  bal- 
ance in  his  favour  exceeding  8  200,000,  had  been  presented  at  the 
War  Department  for  settlement,  and  on  the  next  ensuing  15th  ot 
October  ^he  transmitted  to  tliat  Department  his  account  rurren, 
stating  a  balance  in  his  favour  of  the  aforesaid  sum  ofl^G-'OO^  o^j- 
The  interval  between  October  15th  and  October  27th,  the  date  ot 
the  bills,  was  sufficient  for  a  view  of  this  account  ^^'''^^^^'J^^\'^- 
terval  between  August  and  October  27th,  was  far  " ->'-e  than  suffi- 
cient  for  the  exami'iation  of  his  former  accounts,  resulting  in  the 
Sernent  oned  balance  exceeding  $200-000     There  occurred, there- 


fore, an  "unreasonable  or  unnecessary"  delay  in  the  settlement, 
which  places  the  Government  in  the  same  attitude  that  it  would 
have  ta^ken  by  making  the  settlement,  and  refiis.ng  payment  ot  clie 
sum  which  would  then  have  appeared  due  to  the  Petitioner.  Estab- 
lished usage  would,  as  will,  in  the  exposition  of  another  c  aim,  be 
more  particularly  mentioned,  have  entitled  him  to  dravv  on  the  Gov- 
ernment, for  advances  necessar."  for  the  execution  of  the  contract: 
But  he  did  not  draw  till,  by  stienuous  exertions  of  his  private  cred- 
it, he  had  himself  become  in  advance  to  an  amount  considerably  ex- 
ceeding that  of  his  bills;  a  forbearance,  which  the  exigencies  of  the 
countiT  induced  him,  to  his  heavy  injury,  to  contu.ue  for  nearly 
five  months  after  the  value  for  his  bills  had  been  received  by  the 
Goveniment;  and  eight  months  after  his  right  to  draw  them  had 

The  Petitioner  being,  then,  entitled  to  draw  these  Ulls,  and  they 
not  being  paid  is  not  the  responsibility  of  the  Goveriiment,  which  by 
its  ov;n  act  came  within  the  operation  of  commercial  lavy,  identical 
with  that  of  any  other  defaulting  drawee.^  And  has  not  this  Law  tix- 
ed  a  rule  for  measuring  the  damage  in  credit  and  estate,  occasioned 
to  the  drawer  of  a  dishonoured  bill  ?  In  tact,  the  Government  so  iar 
from  asserting  an  invidious  exemption  from  a  responsibility  at  once 
equitable  and  unive.sul,  has  repeatedly  acknowledged  it.  One  case 
is  that  of  Ward  and  Tavlor,  who,  under  their  contract  ot.  March  ^1, 
1814,  commencing  June  1,  1814.  and  eiidini:  May  31 .  I81a,  were  al- 
l.,wed  by  the  Government  for  Discounts,  Interest,  I>«mrr^r.&c.  on 
bills  drawn  by  them  on  the  Secretary  ot  Wav,  and  protested,  S^O, 
958  88.    Another  case  is  tiiat  of  John  H.  Piatt  who,  under  his  con- 


was 
ford' 


fr-tp»-*^«*. 


11 


at  the 
00,  and 
titioner 

H3,  the 
ly  ''un- 
er's  ac 
31st  of 
:ome  in 
f  which 
!  admit- 
5  a  bal- 
[  at  the 
15th  of 
current, 
)04  5S|. 
B  date  of 
The  in- 
an  suffi- 
r  in  the 
id,there- 
itlement, 
it  would 
t  of  the 
Estab- 
laim,  be 
the  Gov- 
:ontract : 
ate  cred- 
rably  ex- 
!S  of  the 
[)v  nearly 
■A  by  the 
them  had 


tract  dated  January  26,  1814,  commencing;  June  1,  1814  and  ending 
May  31,  1815,  received  g21,000,  or  10  per  cent.,  as  damai;es  for  the 
protest  of  his  drafts  on  the  Government.  In  stating  the  case  of 
Ward  and  Taylor,  tiie  Third  Auditor  does  not  specify  what  part  of 
the  sum  allowed  to  them  was  for  damages,  and  describes  that  sura  to 
be  for  money  which  they  had  paid  to  the  Pennsylvania  and  Schuyl- 
kill Banks.  But  these  Banks  must  be  considered  not  only  as  the 
creditors,  but  as  the  collectors,  of  Ward  and  Taylor,  and  the  charge 
for  damages  was  incidental  to  the  Protest. 

The  obligation  of  the  Government  to  pay  damages  on  protested 
bills  is  confessed  by  Mr.  Crawford,  the  Secretary  of  War,  in 
liis  directions  of  January  27, 1816,  before  cited,  to  the  Accountant  of 
the  War  Department  in  settling  the  accounts  of  the  contractors  for 
1814  ')5,  and  has  been  emphatically^  recognised  by  Congress. 

The  Petitioner's  contract  was,  it  is  true,  for  1813—14;  but  he 
was  therefore  a  contractor  for  1814:  And  moreover,  Mr.  Craw- 
ford's decision  is  surely  applicable  on  principles  of  equitable  con- 
!5truction  to  a  contract  of  another  date,  which  substantially  resem- 
bles the  contracts  of  1814 — 15  for  supplyinj;  the  army.  But  if  a 
distinction  be  taken  between  the  contracts  of  1813—14.  and  those  of 
1814— 15.  it  must  be  favourable  to  the  former:  For,  from  the  high 
credit  of  the  Government  at  the  date  of  the  Petitioner's  contract,  he 
had  no  reason  to  apprehend  a  dishonour  of  its  paper ; — whereas 
when  this  state  of  things  became  reversed,  such  a  contingency 
would  more  probably  enter  into  the  calculations  of  a  subsequent 
Contractor. 

The  same  rule  which  entitles  the  Petitioner  to  damages  for  the 
protest  of  his  bills,  entitles  him  to  interest  also  on  them ;  but  his  de- 
mand for  it  is  merged  in  the  next  claim  to  which  your  attention  is 
invited. 


and  they 
which  by 
identical 
5  Law  fix- 
ccasioned 
ent  so  far 
at  once 
One  case 
^larch  21, 
i,  were  al- 
es   &C.  0!l 

ted,  S20, 
I-  his  con- 


:,f.8^fts«*^.fe'^1 


i!^ 


11 


' 


CLAIM    FOR    INTEREST   ON    ADVANCES   WITHHELD. 

This  claim  arises  under  the  contract  of  February  25,  1813,  and 
is  tor  815,625,  the  i.iterest  at  the  rate  of  6  per  cent,  annually,  on 
8250,000,  from  March  1,  1814,  to  March  14,  1815. 

Until  the  year  1  20,  the  constant  usaj:;e  of  the  ^overnmont  had 
been  to  make  advances,  for  tlie  use  of  a  contract  to  which  it  was  a 
party,  to  a  contractor  who  had  furnished  satisfactory  security  for 
the  performance  of  that  contract.  Kvery  contractor  was  presumed 
to  have  furnished  such  security ;  and  in  the  Petitioner's  instance,  it 
was  ample,  unquestioned,  and  unquestionable:  Every  contractor 
was  presumed,  too,  to  have  j^iven  in  such  secuiity,  and  in  the  low- 
ness  of  his  bid,  a  consideration  for  the  capital  to  be  advanced  to 
him.  From  the  aforesaid  usage,  the  amount  which  it  would  entitle 
him  to  receive  in  advance  from  the  gove  nment  became  his  own 
property :  This  amount  was  the  money  necessary  for  the  execution 
of  the  contract  during  the  interval  between  any  two  settlements  of 
his  accounts,  and  its  criterion  was  the  amount  which  had  been  ex- 
pended in  executing  the  contract  during  the  equal  and  next  preced- 
ing period.  Moreover,  when  any  order  for  deposite  was  received 
by  the  contractor,  he  was  authorized  to  draw  on  the  government 
to  the  amount  of  that  order ;  it  being  a  principle  inherent  in  all 
such  agreements  that  the  contractor  was  never  expected  to  be  in 
advance  to  the  government. 

The  contract  of  February  25th,  1813,  expired  by  its  own  limi- 
tation  on  May  31,  1814.  The  period  for  a  settlement  of  his  ac- 
counts prescribed  by  it  to  the  Petitioner  was  «  at  least  once  in  eve- 
ry three  months."  Had  these  accounts  been  settled  in  due  time, 
it  would  have  appeared  on  March  1,  1814,  that  taking  the  expenses, 
even  exclusively  of  the  orders  for  deposites,  of  the  three  months 
next  preceding,  as  a  criterion,  the  minimum  estimate  for  the  next 
three  months  would  be  8250,000,  and  that  the  contractor  had  th(Me- 
fore,  n  March  1,  1814,  a  right  to  an  advance  of  this  sum  at  least, 
beside  what  the  execution  of  the  orders  for  deposite  might  require. 
This  right  is  not  impaired  by  an  infraction  of  the  tenth  article  of 
the  contract,  caused  by  the  delay  of  the  officers  of  Government. 
Being  then  entitled  on  March  1,  1814.  to  receive  from  the  govern- 
ment, for  the  use  of  the  contract,  at  least  8250,000,  exclusively  of 
orders  for  deposite ;  that  sum  being  withheld,  and  he  being  never- 
theless obliged  to  execute  the  contract,  he  must  do  so  either  by  em- 
ployint'  his  own  money,  in  which  case  he  would  be  entitled  to  inter- 
est, orljy  borrowing  money,  in  which  case  he  must  pay  interest,  and 
would  be  entitled  to  receive  it  in  return.  In  point  of  fact,  the 
Petitioner  was  compelled,  by  the  withholding  of  this  advance,  thus 
to  borrow,  and  to  pay  bank  interest  for  the  loan  :  And  the  orders 
for  deposite,  from  November,  1813,  to  May  17,  1814,  exceeded  the 
sum  required  for  current  issue;  and  this  will  be  seen  by  a  reference 
to  the  orders  for  deposite  during  this  period :— -In  truth,  the  depos- 
ites mzde  within  the  two  quarters  next  preceding  the  1st  of  June, 
amounted  to  nearly  half  a  million  of  dollars. 


*r 


13 


The  intciestdue  on  g'250,000  from  March  1,  1814,  to  June  1. 
1814,  depends,  the  Petitioner  admits,  on  merely  equitable  gr-unds. 
15ut  at  the  last  mentioned  date,  all  the  services  having  been  per- 
formed, and  all  the  provisions  having  been  delivered,  which  his 
contract  required,  and  the  United  States  being  then  indebted  to  him 
in  ;^'i()3,000,  he  is  strictly  and  legally  entitled  to  interest  from  June 
1,  1814,  to  March  14,  181o,  when  hi3  accounts,  to  the  amount  of 
8245,000,  were  passed  at  the  War  Department,  after  a  long  delay 
on  its  part  in  performing  the  covenant  contained  in  the  Tenth  ar- 
ticle of  the  contract,  and  an  inattention  to  his  solicitous  importuni- 
ties for  a  settlement. 

It  must  be  remarked,  that  of  the  g  250,000  on  which  interest  is 
now  claimed,  g  20f>,000  constitutes  the  amount  of  the  Petitioner's 
aforesaid  Bills  of  Exchange:  So  that  his  right  to  interest  on  8  200, 
000  is  sustainable  not  only  on  general  grounds,  but  on  the  rule  of 
commercial  law  which  makes  interest  as  well  as  damages  inciden- 
tal to  Protested  Hills,  and  on  the  practice  of  the  Government  under 
that  rule. 

The  usage  of  the  Government  on  the  subject  of  interest,  is  direct- 
ly in  support  of  this  claim.  Mr.  Secretary  Crawford's  decision  of 
January  27,  1816,  directs  the  Accountant,  in  settling  the  accountn 
of  Coritractors  for  1814-15,  to  "  allow  all  claims  supported  by  evi- 
"dence  of  loss  sustained  by  payment  of  interest  or  damages  in  con- 
"  sequence  of  the  Department  beinff  unable  to  make  the  necessary  ad- 
"vflnce>s."  The  Petitioner  has  before  mentioned  the  allowance  to 
Ward  and  Tavlor  of  820,958  88  for  discount,  interest  &c.,  and 
that  to  John  H.  Piatt  of  821,000,  or  10  per  cent,  on  ^210,000,  in 
consideration  of  the  damages  sustained  by  him  through  the  Protest 
of  his  drafts  on  the  Government.  Mr.  P.  was  also  allowed  $3,750, 
and  $4,320,  for  charges  made  on  him  by  the  Companies  who  had 
negotiated  his  drafts  on  the  Government;  which  charges  will,  when 
analysed,  be  found,  as  the  Petitioner  is  informed,  to  be  substantially 
charges  for  interest.  It  is  moreover,  expressly  stated  in  a  Report 
made,  December  17,  1817.  under  the  authority  of  the  War  Depart- 
ment, to  the  President  of  the  United  States,  that  "  after  the  var  was 
"  ended,  the  Secretary  of  W\ir  paid  the  legal  interests  on  all  Mr. 
«  Piatt's  drafts,  to  the  different  Banks  which  held  them."  Undei 
the  A-ct  of  Congress  passed  in  1824  for  his  relief,  Mr.  P.  was  also 
allowed  by  the  Comptroller  the  farther  sum  of  $4,707  21  for  interest 
expressly,  on  money  which  the  failure  of  Governmf^nt  to  pay  his 
drafts,  had  obliged  him  to  borrow. 

These,  and  similar  allowances  which  might  be  instanced,  involve 
an  admission  on  the  part  of  the  Government  that,  having  once  assum- 
ed the  character  of  a  party  to  a  contract,  it  becomes  liable  to  the  re- 
sulting losses  of  that  cfai  net,  in  like  manner  as  an  individual  or  a 
company  would  be  liable.  Indeed  so  far  from  arrogating  privileges 
contrariant  to  the  rights  of  individuals,  a  just  and  generous  Govern- 
ment must  ever  feel  in  its  dignity,  its  power,  and  its  exemption 
from  the  force  of  law,  the  strongest  incentives  to  a  punctilious,  if  not 
to  a  liberal  discharge  of  its  engagements.    These  considerations  are 


-: 


f'l'^s^ 


14 

made  applicable  to  the  Petitioner's  case,  not  only  by  the  injury  and 
loss  inflicted  on  him  through  the  delays  which  have  been  represen- 
ted, but  by  the  advantage  derived  to  the  country,  and  the  inconve- 
nience averted  fiom  it,  through  his  zealous  execution  of  the  con- 
tract, after  the  proceedings  of  the  other  party  had  paralysed  its  ob- 
ligations on  him,  whether  legal  or  moral.  At  no  period  of  the  late 
Avar  were  supplies  more  important,  within  the  State  of  New  York, 
than  during  the  interval  between  the  close  of  the  year  1813,  and  the 
middle  of  the  vear  1814,  when  the  success  of  the  next  campaign  must 
require  large  deposites,  exclusive  of  the  current  issue,  to  be  provid- 
ed beforehand,  and  with  promptitude.  For  his  strenuous  and  unre- 
laxed  exertions  to  prepare  for  this  exigence,  the  Petitioner  asks  in- 
demnification only;  disclaiming  that  he  ever  expected,  or  has  ever 
realized,  from  the  contract,  any  profits  which  entitle  the  United 
States  to  the  unrecompensed  use  of  his  money  and  credit,  or  of  the 
money  and  credit  of  his  friends.  And  even  had  the  profits  as  fore- 
seen by  the  parties,  promised  to  be  great,  would  they  not  be  dimin- 
ished by  a  denial  of  interest  on  the  use  of  this  money  and  credit? 

Confiding  in  tlie  justice  and  strength  of  this  claim,  the  Petitioner 
would  respectfully  invite  such  a  reference  by  Congress  to  any  im- 
partial Accountant  of  the  Government,  as  will  elicit  a  full  exhibi- 
tion of  his  interest  account  with  the  United  States :  And  should 
such  an  account,  if  stated  on  fair  principles,  consistent  with  the 
terms  of  the  contract,  and  with  the  ysage  entitling  him  to  advances 
for  the  current  issue  and  orders  for  deposite,  disclose  any  balance, 
at  the  termination  of  the  contract,  against  the  Petitioner,  he  will  be- 
com«^  responsible  for  its  payment  on  any  terms  which  the  wisdom  of 
Congress  may  indicate.  Should,  however,  the  balance  be  in  his  fa- 
vour, he  doubts  not  the  willingness  of  the  Legislature  to  extend  to 
him  the  same  justice  which,  under  aa  opposite  result,  it  would  exact. 


*i 


a  ^  *■ 


15 


CLAIMS    ARISING    FROM    DEPRECIATION   OF    TREASURY    NOTES. 

This  claim  is  for  $6,^57,  the  discount  at  11  per  cent.,  on  $56,700, 
received  in  Treasury  notes,  September  5, 1815,  and  for  )i,l5,977  20 
the  discount  at  8^^^^^  per  .  nt.,  on  ^188,632  91,  received  in  Treasu- 
ry notes,  January  16,  1816. 

It  is  a  principle  of  the  Constitution  of  the  United  States,  that  pe- 
cuniary payments  are  to  be  made  in  specie.  The  Government  was 
bound  to  pay  to  the  Petitioner,  under  the  contract  of  February  25. 
1813,  specie,  or  something  equivalent  thereto;  but  after  a  lonj;,  and 
to  him  deeply  embarrassing  delay,  he  finally  received  from  it  Treas- 
ury notes,  which  he  was  obliged  to  sell  at  a  discount.  The  Govein- 
ment,  then,  being  bound  to  do  one  thing,  was  reduced  by  the  public 
exigency  to  do  another  thing,  thereby  subjecting  the  Petitisiiier  to  a 
loss  for  which  he  asks  compensation. 

The  principle  of  the  claim  now  advanced  rests  on  obvious  grounds 
of  justice.  It  was,  moreover,  applied  by  the  Government  to  the 
case  of  James  Hyers,  and  sanctioned  by  Congress  in  that  of  his  bro- 
ther John  Byers.  The  former  had  contracted  with  the  War  Depart- 
ment to  supply  rations  from  June  1,  1814,  to  May  31,  1815,  for  the 
States  of  Connecticut,  Rhode  Island,  Massachusetts  and  New  Hamp- 
shire ;  and  when  the  contract  was  made,  the  supply  for  Connecticut 
and  Rhode  Island  was  transferred  to  John  Byers.  At  the  date  of 
the  contracts,  Treasury  notes  were  at  par,  but  afterward  became  un- 
current  in  the  places  where  the  supplies  were  to  be  furnished.  Fore- 
seeing the  consequent  impossibility  of  executing  the  tontractSj  with- 
out a  great  sacrifice,  these  Contractors  resolved  to  surrender  them 
to  the  Government,  and  for  this  purpose  James  Byers  repaired  to 
Washington.  There,  however,  an  understanding  took  place  between 
the  Secretary  of  War  and  himself,  that  he  should  go  on  to  execute 
the  contract^  and  be  remunerated  on  the  final  settlement  of  account:* 
for  loss  arising  from  the  depreciation  of  Treasury  notes.  Doubts 
being  entertained  by  the  Accounting  officers  whether  this  under- 
standing extended  to  Connecticut  and  Rhode  Island,  Congress  de- 
cided that  it  did,  and  granted  relief  to  the  Contractors. 

Mr.  Monroe,  Secretary  of  War,  in  his  letter  of  July  11,  1815,  to 
Mr.  James  Byers,  says,  "  I  recollect  receiving  the  letter  addressed 
"  to  me  by  you  while  1  was  in  the  Department  of  War,  bearing  date 
"  on  the  4th  January  las.  ad  am  satisfied  that  I  assured  you  that 
«  you  should  sustain  no  lose;  which  I  could  prevent — The  troops  in 
"  the  Kastern  States  were  in  great  distress.  I  was  aware  of  the  de- 
"  preciation  of  Treasury  notes;  it  was  indispensable  to  supply  the 

troops,  and  it  seemed  to  be  just  that,  as  the  Government  could  not 

furnish  you  witii  a  paper  which  circulated  at  par  in  that  quarter, 
<•  you  ougiit  to  be  indemnified  against  the  loss  arising  from  the  dc- 
"  preciation.  I  considered  your  case,  at  the  time,  as  rendered  pe- 
"  culiar  by  the  situation  of  tlie  troops,  and  the  exigency  of  the  pnb- 
'•  lie  service  in  the  ([uarter  to  which  your  contract  applied.'"  The 
necessities  of  the  service  alluded  to'  by  the  Secretary  were  even 
less  severe  than  tliose  which  the  Petitioner  met ;  for  his  State  ami 


a 


S^' 


feJ^.': 


District  were  the  actual  seat  of  War;  both  Southern  and  West- 
ern frontiers  were  menaced  and  invaded  by  a  vindictive  enemy,  and 
immediate  supplies  were  required  by  frc(iuent  and  sudden  calls  for 

tlje  Militia. 

The  actof  Congress  of  February  24, 1815  (4  L.  U.  S.  810.  Bioren's 
edit.)  authorizes  the  issuinji  of  Treasury  notes-  and  provides,  it  is 
(rue,  that  they  siiall  be  paid  •'  to  such  person  and  persons  as  shall  be 
••  willing  to  accept  the  same  in  payment."  An  opposite  provision 
would  have  derogated  from  the  honour  of  the  Government;  for  in 
compelling  public  creditors  to  receive  in  payment  a  depreciated 
-urrency,  Congress  would,  while  violating  the  spirit  of  the  Constitu- 
tion, have  made  the  hunuliating  admission  that  the  Government,  be- 
ing unable  to  pay  its  creditor,  must  force  on  him  a  dividend  in  ex- 
linguishmentof  adebt.  But  nothing  in  the  law  of  February  24, 
1 815,  bars  the  Petitioner's  present  claim.  The  clause  just  cited  left 
Ai\  option  with  every  individual  to  receive  or  to  refuse  Treasury 
notes,  but  did  not  devest  him  of  the  right  to  receive  them  condition- 
ally. The  correspondence  between  the  Petitioner  and  the  War 
Department  will  show  that  he  was  understood  to  take  the  Treasury 
notes  as  all  which  it  was  then  possible  for  the  Government  to  give, 
and  that  so  far  from  waiving  his  right  to  indemnification  for  the  loss 
they  might  occasion  to  him,  he  expressly  protested  against  any  ad- 
justment of  his  claims  "  on  terms  different  from  the  most  favoured." 
True  it  is,  that  he  did  not  during  an  almost  vital  crisis  of  the  war, 
hasten  to  Washington,  menace  the  Government  with  the  abandon- 
ment of  his  contract,  and  thus  endeavour  to  extort  from  its  appre- 
hensions, assurances  made  superfluous  by  his  faith  in  its  justice. 
That  he  used  no  such  means  to  fortify  his  contract  nmst  ever  be  a- 
mong  the  proudest  of  his  recollections,  and  would  console  him  under 
even  heavier  disappointments  than  the  possible  defeat  of  this  claim. 

The  views  of  its  paper  taken  by  the  Government,  appeal  in  Mr. 
Crawford's  decision,  before  cited,  of  January  27,  1816,  which  de- 
clares "  that  the  Contractors  will  be  required  to  account  for  all  pre- 
« miums  received  on  the  sale  of  bills  negotiated  by  them  on  the 
"Government."  This  decision  was  made  when  the  credit  of  the 
Government  had  revived  Its  principle  is,  that  a  Contractor  shall 
receive  no  more  than  his  promised  reward.  Is  it  not  then  incontes- 
table that  he  ought  to  receive  no  less?  If  he  must  not  speculate  on 
the  Government,  ought  the  Government  to  speculate  on  him  ? 

On  reference  to  tlTe  records  of  the  Treasury  Department,  it  will 
appear  that  the  government  has  often  admitted  and  discharged  i.s 
responsibility  for  the  depreciation  of  its  paper.  In  the  years  1815 
and  1816,  about  the  dates  when  the  Treasury  Notes  on  which  this 
claim  arises,  were  remitted  to  the  Petitioner,  it  funded  paper  ol' 
that  description  and  other  of  its  debts  at  the  rate  of  $  100  in  stock, 
for  ^  80  of  Treasury  Notes,  or  other  Government  debts,  thus  con- 
fessing and  compensating  a  depreciation  of  20  per  cent,  on  its 
paper.  The  records  of  the  Treasury  Department  disclose,  among 
other  cases,  that  a  debt  of  the  United  States  to  the  Corporation  of 
Charleston,  amounting  to  $  163,911  39,  principal  and  interest,  was, 


foi 


-         17 

on  January  11,  1816,  paid  in  funded  6  per  cent,  stock  of  1814,  at 
the  rate  of  ^100  in  stock  for  ^80  of  debt,  amountinji  to  g  204,889  23; 
an.l  that  on  February  13,  1815  a  similar  arrangement  for  nearly  five 
times  tliat  amount  was  made  with  the  Corporation  of  New  York. 
Had  tlie  Petitioner's  claim  been  thus  liquidated,  (and  he  had  stren- 
uously urged  an  adjustment  of  t  on  the  most  favoured  terms)  the  re- 
sult would  have  prevented,  because  it  would  have  more  than  cover- 
ed, his  present  claim ;  that  for  Damages  on  the  Protested  bdls: 
that  for  Interest  on  Declared  balances;  and  that  for  Interest  on 
Withheld  advances.  So  far,  however,  from  receiving  the  justice 
extended  to  other  public  creditors,  the  Petitioner,  after  having  re- 
luctantly acceded  to  a  proposal  in  April  1815,  of  Mr.  Dallas,  Secre- 
tary of  the  Treasury,  and  acting  Secretary  of  War,  to  tund  his 
claim  at  ^95  for  pOO  in  stock,  he  was  informed  that  a  deficien- 
cy of  appVopriations  for  the  War  Department  rendered  it  imprac- 
ticable for  the  Secretary  to  carry  that  proposal  into  effect.  A  com- 
pliance by  the  Government  with  even  these  severe  terms,  would 
have  given  the  Petitioner  all  that  he  now  asks  in  recompense  for 
the  Depreciation  of  Treasury  notes,  and  all  that  he  has  before  asked 
as  Interest  on  Balances  declared.  The  hardship  of  his  case  is  still 
more  peculiarized  by  the  facts  that  Mr.  Dallas,  after  retreating  Irom 
his  aforesaid  proposal,  made,  on  September  21,1815,  to  Messrs. 
Prime,  Ward  and  Sands,  of  New  York,  and  on  March  26,  1816,  to 
the  Merchants'  Bank  at  Salem,  the  very  same  proposal,  in  letteri=i 
of  those  dates;  which  facts  and  letters  have  but  recently  come  to 
the  knowledge  of  the  Petitioner.* 

It  is  a  mournful  fact  incident  to  national  wars,  that  public  credit 
often  sinks  under  their  pressure.  Had  not  the  credit  of  the  Pe- 
titioner been  based  on  foundations  independent  on  his  contract,  he 
could  never  have  discharged  that  contract,  and  would  now  be  re- 
duced to  ask  Congress  not  merely  to  compensate  him  for  losses,  but 
to  lift  him  up  from  ruin. 


*  Additional  illustrations  are  derivable  from  the  following  facts,  viz  •' 
In  April  1815,  U.  States  6  per  cent,  stock  was  sold  at  $80  to  $82,  payable  in  specie, 
-,.  bills  on  Boston.  The  local  bank  paper  of  N.  York  was  then  from  6  to  7^  per  cent, 
belowspecie,  and  Treasurj' notes  were  of  less  value  than  such  paper.  Hence  it  the 
debt  of  $245,389  32,  ascertiuned  to  be  due  to  the  Petitioner,  had  been  funded  at  the 
par  value  of  specie,  or  on  tlie  same  terms  which  were  granted  to  other  public  credi- 
tors, the  an-angement  would  have  covered  his  claims  for  Damages  on  Protested  Bills, 
Interest  on  Declared  Balances,  Interest  on  Witliheld  Advances,  and  Depreciation  ot 
Treasuiy  Notes. 

Mr.  Dallas  in  the  letter  to  the  Petitioner,  referred  to  in  the  text,  says,  I  am  ready 
"  to  receive  proposals  for  subscribing  to  the  12  million  loan,  at  the  rate  of  100  dollars 
"  in  stock  for  95  in  the  payment  which  you  propose."  The  Petitioner  in  a  letter  to 
Mr.  Dallas,  dated  « New  York,  May  15,  1815"  expresses  "a  well  grounded  hope" 
thattheSecretary  will  extinguish  his,  the  Petitioner's,  claim,  "by  giving  6  per  cent. 
«  stock"  according  to  the  "  oft'er  of  95  of  debt  for  100  of  stock."  Mr.  Dallas,  ma 
memorandum,  dated  6th  June,  1815,  says,  "  My  letters  and  overtures,  respecting  the 
"  payment  of  Mr.  Anderson's  claim,  are  all  correct ;"  "  Mr.  Anderson's  debt  is  ascer- 
"  tained;  and  it  could  be  paid  in  Treasm-y  notes,  or  it  mii,ht  be  received  in  subscrip- 
"  tion  to  the  loan ;"  but,  in  a  letter,  to  the  Petitioner  dated  "  Treasuiy  Department, 
"August  23, 1815,"  he  says,  "the  appropriations  fyr  the  War  Pi-pnrtmrnt  are  not 
''  fluffiicient  to  cover  all  the  demands  upon  it."' 

3 


or 


I      >' 


18 


CLAIM  ARISING  FROM  THE  WHISKY  TAX. 

This  claim  is  for  ^  45,709  51 ;  and  arises  under  the  contract  of 
February  25,  1813,  in  consequence  of  an  act  of  Congress  passed, 
at  an  extra  session,  on  July  24,  1813,  to  taice  eft'ect  January  1, 1814, 
and  laying  a  duty  on  stills  and  boilers  employed  in  distilling  spirits 
from  {fomestic  materials  during  the  year  1814. 

1.  The  first  item  of  this  claim  is  ^32,776  52,  the  charge,  at  the 
price,  enhance«l  by  the  operation  of  this  law,  of  14 i  cents  per  gallon 
for  the  Whisky  part  of  the  ration  required  by  the  contract ;  the  Peti- 
tioner having  furnished  during  its  term  226,045  gallons  of  whisky. 

He  believes  this  item  to  stand  on  preeminent  grounds.  Had  the 
price  of  whisky  been  augmented  by  the  agency  of  ordinary  causes, 
or  of  causes  within  his  control,  or  of  causes  not  proceeding  from 
the  volition  of  the  United  States,  any  risk  thence  to  arise  must 
have  been  presumed  to  be  within  his  contemplation  when  he  signed 
the  contract: — But  when  the  price  was  raised  by  the  act  of  the  o- 
ther  party,  and  that  party  a  supreme  and  irresistible  power,  the  as- 
sumption of  a  risk  so  stupendous  cannot  have  been  ascribed  to  the 
Petitioner,  without  supposing  in  him  not  merely  gross  imprudence, 
but  infatuation.  Any  principle  which  would  deny  to  him  relief  in 
this  item,  must  imply  in  the  Governnent  a  power  to  break  up  any 
contract,  at  any  time,  by  taxing,  without  limit,  the  articles  whicli 
this  contract  had  bargained  to  supply,  and  by  throwing  the  loss 
on  the  Contractor  to  leave  him  a  ruined  victim  to  his  confidence 
in  the  public  faith.  Against  such  consequences  the  Petitioner 
never  thought  of  guarding  himself  by  a  covenant; — for  this  cove- 
nant must  have  had  for  its  basis  suspicions  incompetible  with  the 
reliance  which  he  has  ever  felt,  and  ever  must  feel,  on  the  justice  of 
his  country.  This  contract  was  founded  on  his  previous  proposals 
of  December  28,  1812  to  the  Secretary  of  War,  in  which  he  vindi- 
cates his  estimate  of  the  component  parts  of  the  rations  by  statinji; 
the  grounds  on  which  it  was  formed,  and  refers  especially  to  leak- 
age and  wastage,  to  the  diminished  importations  of  foreign  spirits, 
to  the  high  price  of  grain,  the  consequently  probable  increase  in  the 
price  of  home  distilled  spirits,  and  to  the  difficulty  in  obtaining 
them,  as  reasons  for  the  price  of  rations,  (liquor  being  one  of  their 
components,)  which  was  fixed  in  that  estimate.  On  an  inviolate 
principle  of  construction,  this  enumeration  is  exclusive  of  any- 
particular  not  contained  in  it,  and  must  be  deemed  the  rule  foi 
ascertaining  the  motives,  inducements  and  circumstances  of  the 
parties  to  the  contract.  It  affords  no  colour  for  inferring  that  any 
exercise,  to  his  detriment,  of  the  sovereign  power  of  tlie  nation, 
ever  entered  into  the  calculations  of  the  Petitioner,  or  into  those  of 
the  Secretary  of  War. 

That  the  Government  never  meant  to  devest  itself  of  the  power 
to  impose  taxes,  is  clear;  that  the  Government  exerts  it  for  wise 
and  beneficent  objects,  is  also  clear:  But  it  is  equally  clear,  that 
the  Governtnent  cannot  mean  to  apply  this  power,  through  the  ex- 
post-facto  instrumentality  of  any  enactment,  to  the  invalidation  of  its 


19 


engaffcments.  Such  a  consequence  is  repuenant,  not  only  to  the 
practice  of  every  nation  niindful  of  its  good  Faith,  but  to  the  spirit  of 
the  Constitution,  and  to  the  dictates  of  universal  justice.  The 
law  of  July  24,  1813,  was  passed  five  months  after  the  date,  and 
took  effect  five  months  before  the  expiration,  of  the  contract  of 
February  25,  1813.  Its  object  was  to  sustain  public  faith,  an  ob- 
ject very  doubtfully  aciueved,  it  it  lead  to  an  indirect  and  unre- 
dressed violation  of  a  contract  between  tlie  Government  and  a  ci- 
tizen. Its  eftect  was  to  take  from  the  Petitioner  by  means  of  the 
contract,  without  compensation,  the  excess  of  the  price  of  whisKy, 
produced  by  the  law,  above  the  price  which  would  have  obtaiiit^d 
it,  had  no  such  law  been  enacted.  It  is  observable  that  the  Fifth 
article  of  the  contract  of  February  25,  1813,  empowers  »' the  Com- 
"  manding  General,  or  person  appointed  by  him,  at  each  place  or 
"post,  in  case  of  absolute  failure  or  deficiency  in  the  quantity  of 
"  provision  contracted  to  be  delivered  and  issued,  to  supply  the  '\e- 
"  ticiency  by  purchase,  at  the  risk  and  on  account  of  the"  Contract- 
or: And  that  the  Tenth  article  makes  any  sums  of  money  which  the 
commanding  officer  may  disburse  in  order  to  procure  supplies  in 
consequence  of  such  failure,  a  charge  against  the  Contractor  on  the 
settlement  of  his  accounts. 

Now  it  is  a  settled  principle  of  law,  recently  and  solemnly  recog- 
nised by  the  Supreme  Court  of  the  United  States,  that "'  in  an  action 
"  by  the  buyer  against  the  seller  for  breach  of  a  contract,  in  not  deli- 
*'  vering  the  thin*  sold,  the  proper  measure  of  damages  is  not  the 
"  price  stipulated  in  the  contract,  but  the  value  at  the  time  of  the 
''  breach." — By  obvious  analogy  to  this  doctrine,  if  the  Petitioner  had 
failed  to  supply  rations,  after  the  passage  of  the  law  aforesaid,  and 
the  Commanding  General  had  procured  them  at  the  enhanced  prices 
produced  by  that  law,  as  he  must  have  done,  the  Contractor  would 
nave  been  charged  with  them  at  these  prices.  Of  the  principle  of 
this  doctrine,  the  Petitioner  claims  an  application  to  the  present 
item. 

2.  The  second  item  of  this  claim  is  ^  12,932  99,  the  value,  at  14i 
cents  a  gallon,  of  89,193  gallons  of  Whisky,  furnished  by  tfic  Peti- 
tioner under  the  contract  of  February  25,  1813.  between  July  24, 
1813,  when  the  law  passed,  and  January  1, 1814,  when  it  took  ef- 
fect. 

This  item  is  susceptible  of  the  same  reasoning  as  that  advanced  in 
support  of  the  former,  because  tlie  rise  in  the  price  of  whisky  was  im- 
mediate on  the  passage  of  the  law  ; — a  law,  which  aftected  the  Peti- 
tioner not  with  any  remote  or  consequential  influence,  but  by  acting 
directly  and  in  rem  on  the  sub*    *  n^atter  of  his  contract, 


•^ 


■^ 


20 


CLAIM  ARISING  FROM  THE  TRAVSPOUTATION  BT  LAND,  OF  FLOUR 
AND  WHISKY,  FROM  PHILADELPHIA,  BALTIMORE,  AND  ALEX- 
ANDRIA,   TO    NEW    YORK. 

The  transportation  was  made  {lurin.2;  the  blockade  of  the  coast  in 
1813,  and  cost  87,9,VJ.  The  frei-ht  by  water  would  have  been 
S1.990,  and  for  85,949,  the  dilference  between  these  sums,  this 

claim  is  ma«le.  .  ,        , 

By  the  contract  of  Februarv  25,  1813,  the  contractor  was  bound 
to  furnish  supplies  at  places  within  its  scope:  But  it  made  the  Urn- 
ted  States  lialde  for  all  losses  in  articles  intended  to  compose  the 
rations,  which  mi^ht  be  "  sustained  by  the  denveu;'.i  ...ns  ot  a"  ene- 
my."    The  Petitioner,  in  a  letter  to  the  Secretary  of  War.  dated 
New  York,  February  4,  1813,  says.  »  When  I  was  last  at  the  seat  ot 
«  Government,  I  staled  the  necessity  of,  and  my  intention  to  pur- 
«  chase  Flour  and  Whiskey  at  a  Southern  Port,  for  the  supply  o  the 
«  U.  S.  Troops,  accordingly  I  have  purchased  and  paid  tor  one  thou- 
"sand  barrels  of  flour,  in  Alexandria,  and  one  hundred  and  htty 
«  hhds.  Whiskey  at  Philadelphia,  to  be  brought  to  this  port.— 1  he 
«  Sea  risk  of  the  whole  is  at  my  hazard,  the  risk  of  the  Government 
«  is  the  hazard  of  capture.    I  deem  it  prudent  for  me  to  procure  in- 
«  surance  in  this  place  to  the  full  amount  of  my  invoices,  and  1  beg 
«  leave  to  request  your  instructions  whether  I  shall   procure  at  the 
«  s?me  time  insurance  against  capture,  to  the  amount,  that  these  ar- 
«  tides  are  charged  to  government,  unJer  my  contract.    I  am  ever 
«  desirous  of  receiving,  and  obeying  the  instructions  of  the  Govern- 
«  ment."*    The  Secretary's  answer  is  in  these  words,  viz:  «  War 
«  Department,  February  13th,  1813.    Sir—Your  letter  of  the  4th 
"  inst.  has  been  received.    You  will  please  to  state  m  what  quanti- 
"  ties  the  flour  and  whiskey  have  been  shipped  m  the  same  vessel. 
« If  shipped  in  small  parcels  by  difterent  vessels,  it  would  not  seem 
«  advisable  to  procure  any  insurance.    Respecttully,  sir,  your  ob  t. 
«  servant,  John  Armstrong."     In  conformity  with  this  answer,  tlie 
Petitioner  declined  making  Insurance,  and  endeavoured  to  ship 
« in  small  parcels  by  different  vessels"  the  flour  and  whisky,  men- 
tioned  in  the  letter  of  February  4,  1813,  and  subsequent  purcha- 
ses, at  Philadelphia  and  Baltmore,  of  those  articles.    After  re- 
peated and  fruitless  efforts  to  procure  vessels  to  take  these  partiai 
freights,  the  Petitioner  resolved  to  make  a  single  shipment  ol  them, 
but  early  in  the  ensuing  March  the  enemy's  blockade  became  com- 
plete.    Instead  of  subjecting  the  U.  States,  as  the  contract  would 
have  permitted  him  to  do,  to  the  imminent  risk  of  a  capture  of  the 
vesseland  cargo,  he  preferred  the  safety  of  a  land  transportation; 
thereby  incurring  a  certain  and  heavy  additional  expense,  and  saving 
to  them  a  sum,  equal  to  a  premium  of  insurance  against  capture. 
This  sum,  under  the  existing  circumstances,  must  have  immeasu- 
rably exceeded  the  amount  now  claimed.  .      *  .     + 

The  Petitioner  was  certainly  bound  under  his  contract  to  trans- 
port, in  some  way,  the  flour  and  whisky,  to  New  York,  where  they 
were  required,  and  therelorc  only  asks  a  reimbursement  of  the  extra 


f  FLOUR 
I     ALEX- 


coast  in 
ve  been 

IS  bound 
the  Uni- 
)ose  the 
an  ene- 
r,  dated 
e  seat  ot 

to  pur- 
\\y  or  the 
me  thou- 
md  fifty 
rt.— The 
ernment 
(cure  in- 
id  I  beg 
B  at  the 
these  ar- 
am  ever 
Govern- 
;:  «War 

the  4th 
;  quanti- 
j  vessel, 
lot  seem 
Dur  ob't. 
vver,  the 

to  ship 
:y,  men- 

purcha- 
V.tter  re- 
e  partial 
of  them, 
me  corn- 
it  would 
•e  of  the 
ortation ; 
id  saving 

capture, 
mmeasu- 

to  trans- 
ere  they 
the  extra 


21 

expense  nt  that  im)de  of  conveyance,  which  a  regard  for  the  public 
interest,  and  not  anv  obli}i;ation  of  his  contract,  prompted  him  to  a- 
dopt;— a  claim  obvious!  vvvithin  the  spirit  and  equity  oi  the  pro- 
visi<m  in  that  contract  embracing?  losses  by  capture. 

As  the  act*  of  anv  n  tion,  when  founded  on  principles  of  social  jus- 
tice, merit  respect,' this  claim  may  be  farther  and  properly,  illustra- 
ted  bv  a  f(.rei4  precedent.  Before,  and  at  the  time  of.  the  atore- 
mentioned  blockfule,  and  within  its  waters,  American  merchanta 
were  loading  vessels,  under  licenses  granted  to  them,  previously  tj» 
the  blockade,  by  the  British  Government,  to  supply  with  breadstufts 
its  armies  in  Spain  and  Portugal.  The  consequence  ot  the  block- 
ade, and  of  t!ie  perishable  nature  of  breadstufts,  was,  that  large 
quantities  of  these  articles  decayed,  ami  were  lost,  aboard  the  ves- 
seU  in  which  they  had  been  laden.  In  numerous  instances,  the 
British  Government  compensated  the  injured  owners;  thus  extend- 
ing to  an  enemy  the  justice  whicii  a  citizen  now  asks  from  his  coun- 
try. 


CLAIM    FOR   THE    BALANCE    OF    DAMAGES    ARISING  FROM    GENERAL 

Hampton's  interference. 

The  claim  for  this  injury  was  originally  $  14,343  75,  of  which 
sum  the  War  Department  allowed  $  9,843  75. 

The  Third  and  Fifth  articles  of  an  agreement,  between  the  Secre- 
tary of  War  and  the  Petitioner,  supplementary  to  the  contract  of 
February  25,  1813,  and  bearing  even  date  with  it,  provided  that  tor 
all  supplies  issued  and  receipted  for  under  that  agreement,  the  Pe- 
titioner  should  be  allowed  12i  per  cent,  as  a  full  allowance  tor 
wastage,  leakage  and  damage  of  whatever  nature,  excepting  only 
such  losses  as  might  be  occasioned  by  fire,  water,  an  enemy  or  br 
the  troops  of  the  United  States ;  and  one  cent  for  every  ration  which 
he  should  issue  according  to  the  terms  thereof. 

In  pursuance  of  the  Contract  of  February  25,  1813,  the  Petition- 
er in  September  of  that  year,  repaired,  attended  by  a  numerous  and 
necessary  train  of  assistants,  to  the  Northern  frontier,  in  on' 
issue  from  Deposites  which  he  had,  under  requisitions  from  tb  '  ^V;  r 
Department,  made  there,  and  to  supply  anv  deficiency  in  thos.^ 
posites.    For  these  purposes  he  presented  himself  to  General  Wade 
Hampton,  who  stated  an  intention  to  supply  the  troops,  without  re- 
sort to  the  Petitioner  or  respect  for  his  contract :  And  thus  not  only 
obliged  him  to  compensate  largely  the  bakers,  butchers,  and   other 
assistants,  who  had  accompanied  him ;  but  deprived  him  of  the  ben- 
efits arising  from  the  issue,  and  of  highly  favourable  opportunities  to 
supply  deficiencies,  and  of  opportunities,  which  existed  at  that  sea- 
son only  of  the  year,  to  provide  for  contingent  winter  supplies.    So 
fully  aware  too  was  the  Petitioner  of  the  injury  caused  to  his  credit 
and  reputation  by  this  proceeding,  that  he  represented  it  to  the  War 
Department  as  one  of  the  reasons  which  would  deter  him  trom  ot- 


!l 


>^ 


♦ 


*r 


ill 


2i 


jfliinfr  proposals  for  any  future  contract.  In  tlie  November  follow- 
'iujs,<,  and  after  Gun.  llaiupton'H  extraordinary  coinniissarisliip  had 
darkened  the  campaign  with  many  disasters,  he  required  the  Pe- 
titioner to  resume  the  functions  of  a  contractor.  In  obeying,  the 
Petitioner  was  compelled  to  meet  existing  deficiencies,  anci  to  pro- 
vide (or  prospective  necessities,  at  a  season  when  the  manufacture  of 
flour  had  ceased,  when  the  procurement  of  the  other  articles  con- 
stituting the  rations  wr.s  extremely  diilicult,  and  when  the  roads 
were  almost  impassable. 

The  Petitioner  oftered  to  the  War  Department  evidence  of  his 
having  sustained,  through  General  Hampton's  violation  of  the  con- 
tract, damages  'jxceeding  jj;2(),0()0.  The  Department  admitted  the 
infraction,  but,  instead  of  examining  this  evidence,  determined  to 
consider  as  the  measure  of  dainajjesi  the  VJ^  per  cent,  for  leakage 
and  wastage,  covenanted  to  the  Petitioner  in  the  Third  article  of 
the  supplementary  agreement,  and  the  allowance  of  one  cent  per 
ration  tor  issue,  to  which  the  Fifth  article  of  that  agreement  enti- 
tled him  Though  aware  that  an  estimate  of  damages  under  this 
test,  would  reduce  them  considerably  below  the  amount  which  he 
had  actually  sustained,  the  Petitioner  assented  to  it,  and  was  di- 
rected to  obtain  from  the  Adjutant  General's  Oftice  a  statement  of 
the  number  of  men  under  General  Hampton's  command  when  the 
breach  of  the  contract  took  place.  Finding  this  number  to  be  5000 
men,  for  90  days,  the  term  of  the  suspension,  by  Gen.  Hampton,  of 
the  Contract,  the  Department  would  allow  to  the  Petitioner,  the 
12i  per  cent,  only,  arising  under  the  Third  article,  as  aforesaid, 
and  amounting,  to  $9,843  75,  but  refused  the  compensation  it  had 
promised,  arising  under  the  Fifth  article,  and  amounting;  to  ^4,300. 

The  Petitioner  now  asks  from  Congress  this  su!>i,  is  incident  to 
a  contract  of  which  the  execution  was  interrupted  by  ore  of  their 
military  officers,  and  to  the  full  benefit  of  which  v^  V  en^  tied  ;  as 
having  been  deliberately  promised  to  him  by  the  Department  of 
War ;  and  as  being  far  less  than  the  merits  oi  the  case  would  ju8ti« 
fy  him  in  claiming. 


?W^!mm 


.apfer^O^r-*^.* 


23 


CLAIM    ARISING    FROM    THE    CAPTURE    AND    DESTRVCTION  OF  DRKI.' 

HIDES. 

The  Sixth  article  of  the  contract  of  February  25,  181. ">,  reqxnres 
the  U.  Htates  to  pay  for,  at  the  contract  price  of  the  rations,  or  the 
component  parts,  and  at  an  appraised  value  of  the  other  articles, 
all  losses  sustained  by  the  depredations  of  an  enemy,  or  by  troops 
of  the  U.  States,  in  articles  intended  to  compose  rations  to  be  is- 
sued under  that  contract,  as  well  as  fur  other  properti/  iifcessarily 
used  in  transportins^  the  same.  In  order  to  supply  the  troops  with 
beef,  a  component  part  of  the  rations  required  by  this  contract,  the 
Petitioner  caused  to  be  trans|)orted  a  certain  number  of  beeves, 
five  hundred  and  five  hides  of  which  were,  in  November  and  De- 
cember, 1813,  captured  and  destroyed  on  the  Nii>o;ara  frontier. 
The  value  ol  these  hides  was  $1,750,  and  constitutes  the  present 
claim. 

There  being  nothing  in  the  contract  to  prevent  the  Contractor 
from  driving  the  cattle  alive;  that  bein^  the  most  eligible  mode  of 
transporting  them ;  an<l  the  hides  having  thus  been  "  necessarily 
used  in  transportins;  the  same,"  this  claim  is  clearly  protected  by 
the  Sixth  article  of  the  contract. 

The  necessity  of  submitting  this  claim  to  the  consideration  of  Con- 
gress, was  unexpected  to  the  Petitioner,  as  the  very  que-tion  involv- 
ed in  it.  had  been  decided  by  the  War  Department  m  allowing  to 
him,  under  the  aforesaid  article  of  his  contract,  $ll'-2  for  twenty- 
eight  beef  hides,  captured  and  destroyed  by  the  enemy  at  French 
Mills. 

«LA1M     FOR     DAMAGE      ARISING      FROM      RECEIVING      A.     PORTEu's 
DEPOSITE,    AND    CAPTURED    PROVISIONS. 

This  claim  arises  under  the  contract  of  February  25,  1813,  and  is 
for  89,190  14,  the  value,  at  S  cents  per  ration,  of  306,338  flour  ra- 
tions, the  extra  proportion  of  flour  in  Augustus  Porter's  deposite, 
and  in  captured  provisions,  which  the  Petitioner's  agent  received  on 
General  Dearborn's  requisition. 

The  Petitioner's  agent,  James  Thorne,  was  on  June  14,  1813,  re- 
quired to  receive  a  deposite  previously  made  by  Augustus  Porter, 
and  certain  provisions  which  had  been  captured  from  the  enemy. 
The  deposite  consisted  of  rations,  of  which  the  component  par"ts 
were  in  proportions  not  authorized  by  the  Petitioner's  contract,  the 
Second  article  of  which  ret|uires  only  "  eighteen  ounces  of  bread  or 
•'flour''  to  a  ration,  and  the  captured  provisions  were  not  only  thus 
disproportionate,  but  damaged  also.  The  agent  was  not  bound  by 
the  contract  to  receive  either,  nor  to  receive  any  provisions,  even  in 
equal  proportions  of  the  component  part  of  the  rations,  other  than 
such  as  had  been  deposited  by  the  Petitioner  under  that  contract. 
In  receiving  them,  he  yielded  to  a  peremptory  military  order,  issued 
for  the  accommodation  of  the  Government.  Even  had  this  act  been 
>'nluntary,  no  loss  to  the  Petitioner  ought  to  result  from  it,  because  it 


'^ 


riWKw?«jri?»r^i.'^  ■ 


TT 


24 

was  not  an  act  within  the  competence  of  Mr.  Thorne's  agency,  vvhich 
was-^pecial,  and  witiiout  power  to  bind  the  Petitioner  beyond  the 
obligations  imposed  on  him  by  the  contract  'I'lje/.^^t'^'^^l^^^/;^  ^\' 
T.eV'-S'^lv  say  "The  provisions  shou  d  be  delivere  to  >ou,  in 
.^due  propoVtions  of  all  articles  comprising  the  rations."  The  inca- 
nacity  of  an  asent  to  "bind  his  principal  beyond  he  extent  of  h> 
K  authority,"  fs  a  settled  principle  vvhich,  if  it  needed  any  sanction, 
would  finil  it  in  the  Ads  of  Congress.  , 

But  whatever  character  be  ascribed  to  Mr.  Thorne  s  ac  ,  the  Pe- 
titioner is  entitled  to  indemnification  for  the  loss  vyluch  it  "lA'cted 
on  him,  because  "  it  was  a  loss  sustained  by  requisitions  not  authoi- 

"  i/,ed  by  the  contract."  „      ,     _        ,i    .  i    i  i    „. 

The  Government  allowed  Mr.  Porter  for  the  flour  tha    had  been 

deposited  by  him,  5  cents  per  ration,  vvhich  together  with  the  cap- 
tured flour  they  afterward  charged  to  the  Contractor  at  .J  cents 
per  ration,  if  the  damaged  state  of  the  captured  flour,  and  the  inju- 
ry resulting  from  a  want  of  the  storehouses  vvhich  the  contract  re- 
quired the  U.  States  to  provide,  be  taken  into  the  estimate,  an  aver- 
age allowance  of  3  cents  per  ration,  on  the  extra  quantity  ot  tiour, 

must  be  deemed  moderate.  r  xi      iv      n««ovf 

A  reviving  hope  of  attracting  the  attention  of  the  AVar  Depait- 

ment  to  this  claiin,  deters  the  Petitioner  from  now  urging  m  its  sup- 

port  any  additional  considerations. 


CLAIM   FOR    LEAKAGE,  WASTAGE,   &C.    &C. 

This  claim  is  for  g5,749  06,  the  amount  of  12i  per  cent,  allow- 
ance for  Leakage  and  Wastage  on  the  issue  of  the  rations  to  tlie  U. 
S.  troops  in  descending  the  St.  Lawrence,  and  of  one  cent  per  ra- 
tion for  the  issue.  It  arises  under  the  Third  and  Fifth  articles  of 
the  aforementioned  supplementary  agreement,  of  even  ^'ate  with  the 
contract  of  February  25,  1813,  between  the  Secretary  of  War  and 

Th*  pSoner  feels  entire  confidence  in  the  justice  and  strength 
of  this  claim.  But  as  he  cannot  avoid  still  expecting  that  the  \V  ar 
Department  will  consider  an  admission  of  it  as  coming  withm  tlie 
autWrity  of  that  Department,  he  desires  to  avoid  the  impropriety  of 
invitint'  Congress  to  investigate  what  may  possibly  be  a  question  ol 
evidence  merely.  He  now  mentions  it  in  order  that  Ins  country  may 
perceive  every  claim  arising  to  him  under  his  contracts  during  the 
War,  and  it  is  only  when  all  hope  of  obtaining  redress  from  the 
Evecative  Department  becomes  extinct,  that  he  can  willingly  resort, 
in  any  case,  to  Legislative  relief.  ...         ,       c 

These  remarks  are  applicable  to  the  Petitioner's  claim,  also,  for 
«  1 14,  the  value  of  provisions  belonging  to  him,  which  were  so  d  by 
John  Bliss  A.  D.  Q.  M.  and  credited  by  said  Bliss  to  the  U. States; 
-.to  his  claim  for  i  832  87  the  cost  of  transporting  327  barrels  of 
Flour  from  Handford's  storehouse,  on  Genesee  river,  to  Willams- 


y,  which 
ond  the 
19  to  Mr. 
you,  in 
'he  in  ca- 
ll of  h:> 
iauction, 

the  Pe- 
inflicted 
t  author- 

lad  beeji 
the  cap- 
r^  cents 
the  inju- 
tract  re- 
an  aver- 
of  Hour, 

Depart- 
i  its  sup- 


t.  allovv- 
othe  U. 

per  ra- 
ticles  of 

with  the 
rVar  and 

strens;th 
the  War 
ithin  the 
(priety  of 
estion  of 
ntry  ntay 
I  ring  the 
from  the 
ly  resort, 

also,  for 
;  sold  by 
I.  States ; 
larrels  of 
Willams- 


25 

ville ;  and  to  his  claim  for  ^12. '^03  37  the  cost  of  transportin-^,  by  or- 
der of  Gen.  Hall,  provisions  rrorn  the  Genesee  river  to  Williams- 
ville,  &c.  Of  the  strength  of  every  and  all  of  these  claims,  the  Pe- 
tioner  entertains  no  doubt,  and  trusts  that  a  similar  opinion  at  the 
War  Department  will  preclude  any  necessity  of  their  being  sub- 
mitted to  the  consideration  of  Congress. 

One  item  of  the  Petitioner's  accounts  has  been  brought  beiore 
the  notice,  without  requiring  the  interposition,  of  Congress.  After 
the  termination,  in  June  1813.  of  a  contract  between  the  Secretary 
of  War  and  Augustus  Porter,  certain  Deposites  which  Mr.  P.  had 
made,  were  transferred  to  the  Petitioner's  special  agent,  on  the 
Niagara  frontier,  in  the  vicinity  of  which  the  Petitioner^  had  also 
made  Deposites.  By  a  mistake  on  the  part  of  the  U.  S.  Command- 
ant at  Fort  Niagara,  and  of  the  Accounting  o.Ticers,  287  barrels  of 
liard  bread,  and  394  gallons  of  Whisky,  amonntiug  in  value  to 
4  2,593  78,  were  charged  to  the  Petitioner,  as  a  part  of  Mr.  P*s 
transferred  Deposites,  when  in  fact  they  were  a  part  of  the  Peti- 
tioner's Deposites,  and  never  had  been  the  property  of  Mr.  P.,  nor 
claimed  by  him.  Such  testimony  on  this  subject  was  adduced  be- 
fore the  I'reasury  Department,  that  the  Comptroller  reversed  the 
charge,  which  had  been  thus  erroneously  made  to  the  Petitioner. 
It,  therefore,  though  still  unpaid,  makes  no  part  of  his  application  to 
Congress ;  because  he  believes  the  Executive  Department  will  di- 
rect the  amount  to  be  paid  to  him,  the  proper  Accounting  officer 
having  decided  that  it  should  be  so  paid. 

The  foregoing  claims.  Sir,  are  founded  on  principles  which,  in  a 
controversy  between  the  Petitioner  and  any  adversary  but  the  Gov- 
ernment, would  oblige  the  courts  of  law  and  equity  to  award  to  him 
all  that  he  now  asks.  But  in  cases  like  his,  the  dispensation  of  jus- 
tice becomes  at  once  the  privilege  and  the  duty  of  Congress,  and  in 
requesting  your  examination  of  his  appeal  to  that  august  Assembly, 
he  is  unconscious  of  attempting  an  improper  trespass  on  your  time. 
The  minutest  scrutiny  of  the  grounds  and  statements  of  that  appeal 
will  show  that  every  claim  which  he  has  advanced,  is  meritorious, 
authorized  by  usage,  responsive  to  the  most  exacting  rules  of  evi- 
dence, and  requiring  compensation  from  the  most  penurious  justice. 

When  the  Petitioner  recollects  that  during  the  term  of  the  con- 
tracts under  which  he  claims,  his  disbursements  were  nearly  three 
millions  of  dollars ;  That  neither  under  these,  nor  any  other  of  his 
eno-agements  with  the  Government,  was  he,  for  one  moment,  a  de- 
faulter :  That  his  contracts  were  discharged,  not  with  a  cold  obedi- 
ence to  their  stipulations,  but  with  a  zeal  for  the  service,  which  the 
difficult  responsibilities  so  often,  during  the  last  war,  arising  to 
him,  sei-ved  only  to  increase :  That  influenced  by  this  high  motive, 
instead  of  exercising  the  right  secured  to  him  by  the  contracts  of  re- 
ceiving thirty  days  notice  tor  furnishing  supplies,  he  provided  them 
on  immediate  requisition :  That  this  promptitude,  however  unu- 
sual, was,  at  some  periods  of  the  war,  important,  and  at  others  al- 
most vital,  to  military  operation :  That  among  duties  not  imposed  on 


iiriiiti  iiK' 


(f 


r 


Iv! 


26 

lum  by  his  contracts,  he  performed  without  reward,  and  with  the 
most  exact  frugality,  those  of  Quarter  Master  and  Storekeeper: 
That  during  the  inability  of  the  Government  to  make  the  usua  and 
necessary  advances,  the  Petitioner  instead  of  retiring  from  his  con- 
tract, exerted,  with  unsparing  eftorts,  his  own  credit  and  the  credit 
of  his  friends,  on  behalf  of  the  public  service :  That  so  far  from  hav- 
ing expected,  or  obtained  any  extravagant  gains  from  the  contracts, 
these  gains  are  not  commensurate  with  those  of  an  ordinary  mercan- 
tile adventure,  and  were  preceded  by  various  and  complicated  risks, 
and  a  compliance,  at  every  sacrifice  o.\  his  part,  with  every  requisi- 
tion, however  sudden  and  severe : — When  the  Petitioner  recollects 
these  facts,  lie  comes  before  the  Legislature  ot  his  country  not  only 
without  embarrassment,  but  with  all  the  confidence  which  a  just 
cause,  and  the  candour  of  his  judges  ran  inspire. 

Each  of  these  claims,  so  soon  as  it  was  ascertained,  he  made 
known  to  the  War  Departmeiit ;  and  surely  it  is  not  the  greatest  of 
his  offences  that  he  forbore,  so  far  as  forbearance  was  possible,  to 
urge  them  on  an  exhausted  Treasury.  Thev  are  now  submitted  to 
the  consideration  of  Congress,  with  undoubting  reliance,  that 
should  its  enlightened  wisdom  sanction  the  views  of  them  that  the 
Petitioner  has  exhibited,  he  will  obtain  the  relief  which  a  tender  re- 
gard for  the  purity  of  public  faith  may  suggest  to  its  Constitutional 
guardians,  and  which  a  citizen,  who  serves  his  country  well  and  de- 
votedly in  the  hour  of  her  peril,  has  a  right  to  expect  in  the  hour  of 
her  peace  and  prosperity, 

I  am.  Sir,  very  respectfully, 
Your  Fellow  citizen, 

ELBERT  ANDERSON. 
Washington,  April  12, 1826. 


Claiii 


i-miy 


m' 


fi      I 


n  • ' 


with  the 
ekeeper: 
sua  and 
his  con- 
\e  credit 
rom  hav- 
lontracts, 
r  mercan- 
ted  risks, 
requisi- 
recollects 
not  only 
:h  a  just 

he  made 
reatest  of 
ssible,  to 
initted  to 
[ice,  that 
I  that  the 
;ender  re- 
ititutional 
ill  and  dc' 
e  hour  of 

JERSON. 


REFERENCES. 

Claim  for  Casks,  Packages,  kc.  &c.      -        .        - 

Interest  on  Declared  Balances    - 

Damages  on  Protested  Bills 

Interest  on  advances  withheld 

Arising  from  depreciation  of  Treasury  Notes 

Arising  from  the  Whisky  Tax 


—  Arising  from  the  Transportation  by  land,  of  Flour 
and  Whisky,  from  Philadelphia,  Baltimore,  and  Al- 
exandria, to  New  York 

.-  For  the  Balance  of  Damages  arising  from  General 
Hampton's  interference    -        -        -        -        - 

—  Arising  from  the  capture  and  destruction  of  Beef 
Hides         „.------ 

—  For  Damage  arising  from  receiving  A.  Porter's 
Deposite,  and  captured  Provisions 

—  For  Leakage,  Wastage,  &c.  &c.         ... 


3 
9 
10 
12 
15 
18 


20 
21 
23 

ih. 

9A 


-^ 


>M- 


C( 


APPENDIX: 


coRTAisiira 


CONTRACTS,  &C,  WITH  THE  WAR  DEPARTMENT, 


VORTBX 


SUPPLY  AND  ISSUE  OF  PROVISIONS 


rORTBB 


Armi/  within  the  State  ofJSTeiv  York,  fife. 


FOR  THE  YEAR  1812....13....14, 


"WITH 


ELBERT  ANDERSON, 


LATE   AN   ARMY   CONRACTOR. 


WASHINGTON  CITT: 

»BIKTED   BT  WltllAM  COOPER,  3VJt. 


1826. 


tjj^- 


^iiikiiiHinil 


.1 

1' 


REFEREJ^CE^* 

Contract  dated  7th  Mroemher,lsn,    .  -  • 

M.  Anderson^s  Proposal  to  supply  Rations^ 
Letter  from  Secretary  of  War,  accepting  Proposal,       - 
Contract  dated  25th  Feb.  1813,  to  take  effect  1st  day  of 

June,  1813,  and  terminate  3lst  May,  1814, 
Supplementary  Agreement  for  the  issue  of  Rations  from 
deposites,  -  -  -  *  * 

Circular — Instructions, 
Mr.  Monroe^s  Decision  on  Cask  claim, 
Jnterpolatim,  or  Supplementary  Instriiction,  - 

Compensation  for  Depreciatim  of  Treasury  JSTotes,        - 
Secretary  Crawford's  Decision  on  aUowance  to  Contrac- 
tors for  Damages  ard  Interest,        -  - 
Practical  operation  of  the  foregoing  Decisions  by  the  Ac- 
countant Department,  per  letter  of  Phird  Au- 
ditor,   ----"* 
Letter  from  D.  D.  Tompkins, 

from  John  Armstrong,  -  -  - 

from  James  Madison,    -  - 

from  General  Hall,  - 

from  General  M^Comb,  -  -  - 

OFlNioif  an  the  Cask  and  Package  Claim,       - 

on  Packages  captured  and  destroyed,      - 
on  receiving  Ji.  Porter's  Provision,  and  cap- 
tured Flour,  -  -  -  - 
on  claim  for  Whisky  Tax, 
on  Interest  on  declared  Balances, 
on  Interest  for  Advances  withheld,          - 
on  Protested  Bills  and  depreciation  of  Treas- 
ury J^otes,  S^c.           * 
mthe  claims  ofE.  Anderson, 


page, 

5 

•  10 

11 

..  12 

15 

-  18 
20 

-  21 
ib. 

-  22 


ib. 

25 
26 
ib. 
27 
28 
29 
30 

31 

ib. 
33 
34 


^<m-^ 


^ 


i,a^^ffii?r©ffi^* 


I 


CONTRACT, 

Dated  7th  J^'ovember,  1811,  to  take  effect  on  the  1st  dny  of  June, 
1812,  and  terminate  on  the  Hist  day  of  Ma^,  ms :  and  supple- 
mentary  Agreement  for  the  issue  of  Rations  from  deposites  made 
under  this  Contract. 

ARTICLES  OF  AGREEMENT  made  on  the  7th  day  of  No- 

vember,  Anno  Domini  one  thousand  ei-iit  hundred  and  eleven,  be- 
tween William  Eustis,  Secretary  for  the  Department  of  War  of  th» 
United  States  of  America,  of  the  one  nart,  and  Elbert  Anderson, 
Junior,  of  the  city  of  New  York,  of  the  other  part. 

Tkil  Agreement  mtnesseth,  That  the  said  Wilham  Eustis  for  and 
0.1  behalf  of  the  United  States  of  America,  and  the  said  Libert 
Anderson,  Jun.  his  heirs,  executors  and  administrators,  have  mutu- 
ally  covenanted  and  agreed,  and  by  these  presents  do  mutually  cev- 
enant  and  agree  to  and  with  each  other,  as  lollows,  viz  : 

First.    That  the  said  Elbert  Anderson,  Jun.  his  heirs,  executors 
or  administrators,  shall  supply,  and  issue  all  the  rations,  to  consist  ot 
the  articles  hereinafter  specified,  that  shall  be  required  of  him  or 
them  for  the  use  of  the  United  States,  at  all  and  every  place  or  pla- 
ces where  troops  are  or  may  be  stationed,  marched  or  recruited 
within  the  limits  of  the  State  U  New  York  (Niagara  and  its  depend- 
encies excepted)  and  the  State  of  New  Jersey,  thirty  days  notice  be- 
incr  given  of  the  post  or  place  where  rations  may  be  wanted,  or  the 
number  of  troops  to  be  furnished  on  their  march,  fiM)m  the  first  day 
of  June,  eighteen  hundred  and  twelve,  until  the  thirty-first  dayot 
May,  eishteen  hundred  and  thirteen,  at  the  following  prices;  that  is 
to  say,  at  any  place  where  rations  shall  be  issued  withm  the  city  and 
harbour  of  New  York  for  tliirteen  cents  five  mills  per  ration,  within 
all  other  parts  of  the  state  of  New  York  at  fourteen  cents  per  ration, 
and  within  the  state  of  New  Jersey  for  fifteen  cents  five  mills  per 
ration.     Where  the  price  of  the  ration  is  thirteen  cents  five  mills, 
the  component  parts  thereof  shall  be,  for  meat  five  cents,  bread  or 
flour  four  cents,  liquor  tin-ee  cents  five  mills,  small  parts  one  cent. 
Where  the  price  of  the  ration  is  fourteen  cents,  the  component  parts 
thereof  shall  be  for  meat  five  cents  five  mills,  flour  or  bread  lour  cents, 


r- 


^■j 


G 

liquor  three  cents  five  mills,  Jiinall  parts  uiic  tent.  Where  the  mic»- 
6f  the  ration  is  fifteen  cents  five  mills,  the  component  parts  shall  be, 
for  meat  six  cents,  flour  or  bread  five  cents  five  mills,  liquor  three 
cents,  small  parts  one  cent.  The  prices  of  the  component  parts  ol 
the  small  parts  of  the  ration  shall  be  eighteen  cents  per  pound  for 
candles,  twelve  cents  five  mills  per  pound  for  soap,  four  cents  five 
mills  per  quart  for  vinegar,  and  two  cents  five  mills  per  quart  for  salt. 
Second.  That  the  ration  to  be  furnished  and  delivered  by  virtue 
of  this  contract,  shall  consist  of  the  following  articles,  viz :  One 
pound  and  a  quarter  of  beef,  or  three  quarters  of  a  pound  of  pork, 
eighteen  ounces  of  bread  or  flour,  one  gill  of  rum,  wiskey  or  bran- 
dy, and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vinegar,  four 
pounds  of  soap,  and  one  pound  and  an  half  of  candles,  to  every  one 
hundred  rations. 

It  is  understood,  that  it  shall  be  in  the  option  of  the  general,  or 
officer  commanding  an  army  or  a  great  military  district,  m  all  cases 
not  otherwise  provided  for  by  this  contract,  to  direct  when  and  how 
often  fresh  or  salted  meat  shall  be  issued  by  general  orders,  to  be 
promulgated  a  reasonable  time  before  the  issue  is  to  commence ; 
that  in  all  cases  where  salted  provisions  arc  issued,  the  article  of 
salt  shall  not  be  required ;  that  the  contractor  shall  alway's  issue 
flour  two  days  in  every  week,  and  the  option  of  bread  or  flour  for 
the  remainder  of  the  week  be  with  the  contractor. 

Third.  That  supplies  shall  be  furnished  by  the  said  Elbert  An- 
derson, Jun.  his  heirs,  executors  or  administrators,  at  the  fortified 
places  and  military  posts,  that  are  or  may  be  established  in  the  states 
of  New  York  and  New  Jersey  aforesaid  upon  the  requisition  of  the 
commandant  of  the  army  or  a  post,  in  such  quantities  as  shall  not  ex- 
ceed what  is  sufficient  for  the  troops  to  be  there  stationed,  for  the 
space  of  three  months  in  advance,  in  good  and  wholesome  provi- 
sions, consisting  of  due  proportions  of  all  the  articles  forming  the  ra- 
tion. And  the  said  Elbert  Anderson,  Junior,  when  required,  by  the 
Secretary  of  War,  shall,  instead  of  the  ardent  spirits  mentioned,  fur- 
nish to  the  troops  of  the  United  States,  stationed  in  the  harbor  of 
New  York,  an  equivalent  in  good  malt  liquor  or  light  wines,  at  such 
season  of  the  year,  as  in  the  opinion  of  the  President  of  the  United 
States,  may  be  necessary  for  the  preservation  of  their  health. 

It  is  understood  that  if  the  contractor  shall  be  required  to  depos- 
ite  provisions  at  one  place  or  poet  and  shall  afterwards  be  required 
t©  move  them,  to  be  delivered  at  another  place  or  post,  the  expenses 
of  transportation  to  such  other  place  or  post  shall  be  borne  by  the  U- 
nited  States.  It  is  also  understood  that  all  supplies  are  to  be  origi- 
nally delivered  at  the  posts  where  they  may  be  required,  without  ex- 
pense to  the  United  States. 

Fourth.  That  whenever  and  as  often  as  the  provisions  stipulated 
to  be  furnished  under  this  contract,  shall,  in  the  opinion  of  the  com- 
manding officer  of  the  post  or  place,  where  they  are  offered  to  be  is- 
sued, be  unsound,  unfit  for  use,  or  of  an  unmerchantable  quality,  a 
survey  shall  be  held  thereon,  by  two  disinterested  persons,  one  to 
be  chosen  by  the  commanding  officer,  and  the  other  by  the  said 


<p^*^'' 


tlic  uAv.t' 
shall  bf, 
uor  three 
t  parts  of 
jound  for 
ents  five 
t  for  salt. 
)y  virtue 
inz:  One 
I  of  pork, 
or  bran- 
2gar,  four 
iverv  one 


ineral,  or 
all  cases 
I  and  how 
lers,  to  be 
)mmence ; 
article  of 
vaj's  issue 
flour  foi* 

Ibert  An- 
e  fortified 
the  states 
tion  of  the 
all  not  ex- 
ed,  for  the 
me  provi- 
in"  tlic  ri- 
edby  the 
ioned,  fur- 
J  harbor  of 
BS,  at  such 
he  United 
1th. 

to  depos- 
5  required 
;  expenses 
:  by  the  U- 
o  be  origi- 
vithout  ex- 
stipulated 
>f  the  corn- 
id  to  be  is- 
:  quality,  a 
ans,  one  to 
y  the  said 


Elbert  Anderson,  or  his  agent,  and  in  case  of  disagreement,  a  third 
person  to  be  chosen  by  mutual  consent,  who  shall  have  power  to 
condemn  such  part  of  the  provisions  as  to  them  may  appear  unfit  tor 
use.  But  if  the  said  Elbert  Anderson,  Juii.  or  his  agent,  shall  fad, 
or  neglect  to  appoint  a  person  to  inspect  the  said  provisions,  after 
reasonable  notice  in  writing,  it  shall  be  permitted  to  the  said  com- 
manding officer  to  appoint  such  persons  as  he  may  think  proper,  to 
inspect  the  provisions,  under  oath,  with  power  to  condemn,  as  afore- 
said. And  all  provisions  condemned  by  such  survey  may  be  de- 
stroyed by  the  commanding  officer. 

Fifth.  That  the  commanding  general,  or  person  appointed  by 
him,  at  each  post  or  place,  in  case  of  absolute  failure,  or  deficiency, 
in  the  quantity  of  provisions  contracted  to  be  delivered  and  issued, 
shall  have  power  to  supply  the  deficiency  by  purchase,  at  the  risque 
and  onaccountofthesaidElbert  Anderson,  Jun.  his  heirs,  execu- 
tors or  administrators. 

Sixth.  That  all  losses  sustained  by  the  depredations  of  an  ene- 
my, or  by  means  of  the  troops  of  the  United  States,  in  articles  in- 
tended to  compose  rations,  to  be  issued  under  this  contract,  being 
the  property  of  the  contractor,  as  well  as  in  other  property  necessa- 
rily used  in  transporting  the  same,  shall  be  paid  for  at  the  contract 
price  of  the  rations,  or  the  component  parts,  and  at  an  appraised  va- 
lue of  the  other  articles,  on  the  deposition  of  one  or  more  creditable 
characters,  and  the  certificate  of  a  commissioned  oflicar,  when  the 
same  can  be  obtained,  ascertaining  the  circumstances  of  the  loss, 
and  the  amount  of  the  articles  for  which  compensation  is  claimed. 

Seventh.  That  escorts  and  guards  for  the  safety  of  the  provi- 
sions, and  for  the  protecting  of  the  cattle  against  an  enen^jr  shall 
be  furnished,  whenever  in  the  opinion  of  the  commanding  officer  ol 
the  army,  or  of  any  post,  to  whom  application  may  be  made,  the 
same  can  be  done  without  prejudice  to  the  service,  and  that  the 
said  Elbert  Anderson,  Jun.  his  heirs,  executors  or  administrators 
shall  not  be  answerable  for  any  deficiency  of  supplies,  at  any  of  the 
said  posts  or  places,  if  it  shall  appear,  upon  satisfactory  proof,  that 
such  deficiency  was  occasioned  by  the  want  of  proper  escorts  and 

'^^Eisiith.  That  at  all  stationary  posts,  proper  store-houses  shall 
be  provided  on  behalf  of  the  public,  for  the  reception  and  safe-keep- 
in"-  of  the  provisions  deposited  from  time  to  time,  at  such  posts  res- 
pectively;  and  the  contractor  shall  sufter  no  loss  for  want  ot  sucfi 

stores 

JViiith.  That  the  said  Elbert  Anderson,  Jun.  his  heirs,  execu- 
tors or  administrators,  shall  render  his  or  their  accounts  to  the  Ac- 
countant  of  the  Department  of  W^i,  for  settlement,  at  least  once  in 
every  three  months,  agreeably  to  such  form  as  Dy  the  said  Account- 
ant may  be  established  and  made  known  to  i    ^     +> 

Tenth.  That  all  such  advances  of  money  as  may  be  made  to  the 
said  Elbert  Anderson,  his  heirs,  executors  or  administrators,  tor  and 
on  account  of  the  supplies  to  be  furnished,  pursuant  to  this  contract, 
and  all  such  sums  of  money  as  the  commanding  oflicer  ot  the  troops 


li: 


m 


-.^^fy^mi^.^^  v'^i^ 


T 


' 


,-?^ 


or  recruits  that  are  or  may  be  within  the  States  above  mentioned, 
may  cause  to  be  disbursed,  in  order  to  procure  supplies,  in  conse- 
quence  of  any  failure  on  the  part  of  the  said  Elbert  Anderson.  Jun. 
his  heirs,  executors  or  administrators  in  complvinjj;  with  the  requisi- 
tions herein  contained,  shall  be  duly  accounted  for  by  him  or  them 
by  way  of  set-off  against  the  amount  of  such  supplies,  and  the  sur- 
plus if  any,  repaid  to  the  United  States,  immediately  after  the  ex- 
piration  of  the  term  of  this  contract,  together  with  an  interest  at  the 
Tate  of  six  per  centum,  per  annum,  from  the  time  of  such  expiration, 
until  the  same  shall  be  actually  repaid.  And  that  il  any  balance 
shall,  on  any  settlement  of  the  accounts  of  the  said  Elbert  Ander- 
son, Jun.  his  heirs,  executors  or  admiiiigtrators,  be  found  to  be  due 
to  him  or  them  on  account  of  the  rations  which  shall  be  supplied, 
pursuant  to  this  agreement,  the  same  shall  immediately  be  paid. 
And  that  no  unreasonable  or  unnecessary  delay,  on  the  part  of  the 
officers  of  the  United  States,  shall  be  given  to  the  settlement  of  the 
accounts  of  the  said  Elbert  Anderson,  Jun.  his  heirs,  ex«'rutors  or 
administrators.  Provided  however,  that  no  member  of  Congress, 
shall  be  admitted  to  any  share  or  part  of  this  contract  or  agreement, 
or  to  any  benefits  to  arise  therefrom. 

LY  WITNESS  whereof,  the  said  Secretary  of  War,  for  and  on 
behalf  of  the  United  States  hath  hereunto  sniiscrihed  hisname^ 
and  affived  the  Seal  of  the  JVar  Office  of  the  United  States ;  and 
the  said  Elbert  Mderson,  Junior,  hath  hereto  set  his  hand 
and  seal  the  day  and  year  first  above  written. 

W.  EUSTIS. 

(Seal  U.  S.) 

^  ^  ELBERT  ANDERSON,  JUN. 

(L.  S.  E.  A.) 
Signed  sealed,  and  delivered  > 
in  the  presence  «/         5 
DANIEL  PARKER, 
JOHN  J.  ABERT. 

A  true  copy  from  ihe  original. 


WHEREAS,  by  a  certain  agreement  made  on  the  seventh  day  ot 
Nov.,  1811,  between  W.  Eustis,  Secretary  of  War,  and  Elbert 
Anderson,  Jun.  of  the  State  of  New-York,  it  was  stipulated,  that 
the  deposits  of  three  &c.  months  supplies  of  rations  may  be  required. 
Now  therefore  it  is  acireed  by  the  order  of  the  said  W.  Eustis  to 
Major-General  H.  Dearborn,  that  when  issues  are  required  from  the 
public  deposits,  that  he  might  call  on  the  said  Elbert  for  tliat  pur- 
pose. ,  ,,, 

First.  That  an  inventory  shall  be  taken  as  soon  as  possible, 
which  shall  comprise  all  such  supplies  as  shall  have  been  actually 


9 


entioncd, 
in  conse- 
soii.  Jun. 
e  ref|uisi- 
or  them 
the  8ur- 
r  the  ex- 
est  at  the 
xpiration, 
y  balance 
t  Ander- 
0  be  due 
supplied, 
r  be  paid, 
irt  ot  the 
nt  of  the 

Tutors    01 

Con<rre.s9, 
greenieut, 


>r  mid  on 
his  niime^ 

'totes  ;  and 
his  hand 


f,  JUN. 
.  S.  E.  A.) 


jnth  day  ot 
[ind  Kl6ert 
lated,  that 
c  required. 
^  Eustis  to 
id  from  the 
that  pur- 
ls possible, 
ni  actually 


delivered  on  or  before  the  last  day  of  May,  1 813,  next,  by  ^ '  tue  of 
le  'aid  a-M-eement,  a.ul  shall  .m  that  day  remain  unoxpen.led. 

Se^-md?  That  the  inventory  shall  be  taken  in  the  presence  o 
fho  c  Z  nnclin-  officer  of  the  post,  and  the  party  of  the  second 
^t  St^r^t,or  his  aSent,  and  duplicate  receipt.  y.ven 
fhi  e  or  by  tl?e  said  party  of  the  second  part,  or  ns  a-^eut,  expn-.>- 
'  the  (luantitv  and'  ciuality  of  each  article,  or  delivery  to  be  ma  e 
lly  the  public  store-kcipers-or  other  agents  Nvhu  have  charge  ot  the 

''''En/  That  the  party  of  the  second  part  shall  account  to  the 
rnittstatrfo   al^la' supplies  which  shall  be  recemted    or,  a. 
n  t  lenreS  he  being  allowed  however  a  deduction  ol 

t  V  IveCl  a  h^^^  per  c^nt.  as  a  full  allowance  for  wastage,  leakage 
a  d  dan  ge  of  wl/atever  nature,  excepting  only  such  osses  as  mav 
be  occasimied  by  fire,  water,  an  enemy,  or  by  the  troops  of  th« 

^' t^o-^T^t  the  party  of  the  second  part  shall  if "« -»l  ['-^^"i^; 
plies  as  aforesaid,  to  the  troops  at  the  several  posts,  m  lations  to 

consist  as  follows,  viz. : 

Eiifliteen  ounces  of  bread  or  tlour. 

5ne  pound  and  a  quarter  of  beef,  or  three  quarters  of  a  pou.id  ol 

pork.  ,  ... 

One  iiill  of  rum,  brandy  or  whiskey.  .      r    •       .      t\.,„- 

A      at  the  rate  of  two  qU'-^-'t^  »*'  ««»*'  ^««'-  V^'K''^  T"'-'"'  /'    ' 
p,,unds  of ;  .  .p,  and  one  pUnd  and  an  half  of  candles  to  every  hun- 

"* 'i'lmf  That  the  said  partv  of  the  first  part  shall  pay  or  cause  to 
hP  n/id  to  the  said  party  oV  the  second  part,  one  cent  lor  every 
ratiln  which  he  shalFissue  as  before  recited,  as  a  full  compensation 
fur  his  trouble  and  expense  in  issuing  the  same. 

.  IJ\r  tVITYESS  ivhprenf,  the  said  IL  Dearborn,  in  behalf  of  the 
sZetL,  of  War,  on  lehalf  of  the  United  States  ha  -,  J.r.jm  ;• 
lib'^cribed  Ids  name,  and  ajjixed  his  sea  ;  and  the  sad  Elbeit 
}Zh  hereto  sH  his  hand  and  seal  the  day  and  year  last  above 

"■''^"'"'  H.  DEARBORN.    (L.  S.  M.  D.) 

ELBERT  ANDERSON. 

(L.  y.  E.  A.) 

Signed,  sealed  and  delivered, 
in  the  presence  of 

A  true  copy  from  the  oris^iir.J. 


SIR, 


War  Department,  JVovemher  '27,  1813. 

In  mv  letter  of  October  29th,  you  were  adA-i-ed  that  ar- 
rangements would  be  made  with  the  contractors  for  js^nng  the     e- 
posTts  of  provisions  which  had  been  required  of  them.     xMess.^ 
Anderson  and  Byers  expressed  a  wilUngness  to  make  Jie  issues, 


I 


. ,  ^f«av*»*|^;^;,«?!:;isi^^ 


-w     .-     t 


10 


lmp 


and  in  case  you  should  find  it  for  the  public  interest  to  employ  them 
in  preference  to  other  agents,  you  are  authorized  to  till  the  blank 
attached  to  their  contracts  accordingly. 

I  have  the  honour  to  be,  very  respectfully,  Sir,  your  ob't  servant, 


Major-General  Henry  Dearborn,  Plattsburg. 

A  true  copy  from  the  original. 


W.  EUSTIS. 


highe 


-«& 


i*;i 


Washington,  Dec.  28, 1813. 
The  Honble  Sec.  at  War. 
SIR, 

In  behalf  of  myself  and  associates,  I  will  supply  all  rations 
that  may  be  required  for  the  troops  of  the  United  States,  marched, 
stationed  or  recruited  within  the  City  and  Harbor  of  New  York,  at 
rireenbush,  from  the  first  day  of  June,  1813,  to  31st  May,  1814,  at 
14  cents  8  mills,  to  viz :  Meat  5  5 

Liquor  S  5 

Small  parts  1 

Bread  or  Flour  4  8 

14  8 
In  all  other  parts  State  of  New -York,  including  its  northern  vi- 
cinity as  far  as  St.  John  s,  on  Lake  Champlain,  at  17  cents  5  mills, 
to  wit.  Meat  5  5 

Liquor  .        3  5 

Small  parts  1 

Bread  or  Flour  7  5 

17  5 

For  the  State  New-Jersey,  lo  cents  2  and  an  half  mills  per  ration- 

If  the  troops  U.  States  should  enter  the  Crnudas  at  any  time 
previous  to  the  31st  May,  1814,  this  proposal  will  embrace  all 
supplies  that  may  be  required  in  the  enemy's  country,  from 
Fort  George  along  tlie  shores  of  Lake  Ontario  and  the  river  St.  Law- 
rence, until  it  intersects  the  out-let  of  Lake  Champlain. 

The  price  of  the  rations  to  be  augmented  in  proportion  to  the  dif- 
ficulty and  expense  of  transporting  in  the  enemy's  country,  with 
u  reserve  on  the  part  of  the  United  States  to  reduce  the  component 
price  of  the  bread  ration,  to  bear  a  proportionate  value  to  the  other 
parts  of  the  ration,  when  the  price  of  bread-stuft"  shall,  in  the 
opinion  of  the  Honorable  Sec'y  at  War,  justify  such  alteration  or 
reduction. 

The  Honorable  Sec'y  at  War  will  perceive  that  the  price  of  the 
component  parts  of  the  rations  are  the  same  as  the  present  con- 
tract, the  l-ead  or  flour  excepted :  And  that  the  price  of  this  article 
is  not  in  proportion  to  its  increased  value  and  alarming  scarcity  of 
bread  on  the  nortliern  frontier. 


11 


)loy  them 
the  blank 

servant, 

ISTIS. 


,  1812. 


,11  rations 

marched, 

York,  at 

1814,  at 

5  5 

S  5 

1 

4  8 

14  8 
them  vi- 
,s  5  mills, 

5  5 
3  5 
1 

7  5 

17  5 
er  ration, 
any  time 
brace  all 
;ry,  from 
St.  Law- 

u  the  (lif- 
try,  with 
)mponent 
the  other 
I,  in  the 
ration  or 


When  the  price  of  the  bread  ration  is  4  cents  8  mills,  the  value 
of  flour  is  at  the  ratio  of  S8  35  per  barrel,  when  the  flour  ration  is 
estimated  at  6  cents  2i  mills,  note,  the  value  of  Flour  is  only  10 
dollars  87i  cents  per  barrel. 

It  is  believed  that  all  the  other  component  parts  of  the  rations 
are  estimated  as  low  as  possible :  The  article  of  liquor  bearing  the 
highest  proportion,  being  subject  to  great  leakage  and  wastage ;  and 
in  consequence  of  the  partial  importations  of  foreign  spirits,  and  the 
very  high  price  of  grain  in  our  own  country,  there  must  be  an  inev- 
itable rise  take  place  in  the  value  of  home  distilled  spirits. 

The  aforesaid  proposal  is  made  without  reference  or  regard  to  a- 
nv  opposition  bid,  but  from  a  perfect  knowledge  of  the  intrinsic  va- 
lue of  the  articles  contracted  to  be  delivered  and  issued,  and  the 
difficulty  of  obtaining  bread-stuff  and  liquor,  without  transporting 
from  southern  Atlantic  ports,  early  in  the  spring,  to  places  contigu- 
ous to  the  Northern  Frontier. 

All  of  which  is  humbly  submitted  by 

Your  ob't  servant, 
(signed)  ELBERT  ANDERSON,  Jr. 

Note. — The  transportation  of  flour  from  the  Hudson  to  Lake 
Champlain  is  equal  to  1  cent  2i  mills  per  ration  on  Flour. 


Department  of  War,  dug.  16 


1823. 


A  true  copy. 


E.  A.  JUN. 


C,  VANDE  VENTER. 


War  DepartmeM,  February  8, 1813. 

On  examining  the  different  proposals  made  for  subsisting  the 
army  for  one  year,  after  the  1st  of  June  next,  within  the  state  of 
New-York  and  its  Northern  vicinity,  1  have  given  the  preference  to 
yours.  It  would  be  well  therefore  you  should  repair  to  this  place 
as  promptly  as  possible,  that  the  contract  may  be  closed. 


I  am,  &c. 


E.  Anderson,  Jun.  Esq.  N.  York. 


JOHN  ARMSTRONG. 


ce  of  the 
?ent  con- 
lis  article 
arcity  of 


12 


iiti, 


CONTRACT, 

Dcitp(l23th  Fehrnan/.  lS\C^,totake  efect  on  the  Ut  day  of  June, 
]S]5,audtermin(iie  oniheCAst  daij  of  May,  1814:  and  supple- 
mentary Agreement  for  the  isnm  of  Mat  ions  from  deposites  made 
under  this  Contract. 

ARTICLES  OF  AGREEMENT  made  on  the  twenty-fifth 
day  of  February,  Anno  Domini,  one  thousand  eii^ht  hundred  and 
thirteen,  between  John  Armstrong,  Secretary  for  the  Department  ol 
War  of  the  United  States  of  America,  of  the  one  part,  and  Elbert 
Anderson,  Junior,  of  tlie  City  of  New-York,  of  the  other  part. 

This  Ji<y;reement  iritnessetlu  that  the  said  John  Armstrong,  lor  and 
on  behalf  of  the  United  State:*  of  America,  and  tl'e  said  Elbert  An- 
derson, Jun.  his  heirs,  executors,  and  adniinistrators,  have  niutually 
covenanted  and  agreed,  and  by  these  presents  do  mutually  covenant 
and  agree  to  and  with  each  other,  as  follows,  viz: 

First.— That  the  said  Elbert  Anderson,  Jun.  his  lieirs,  executors 
or  administrators,  shall  supply  and  issue  all  the  rations,  to  consist 
of  the  articles  hereinafter  specified,  that  shall  be  required  of  him  or 
them  for  the  use  of  the  United  States,  at  all  and  every  place  or 
places  where  troops  are  or  may  be  stationed,  marched,  or  recruited, 
Avithin  the  limits  of  the  State  of  New-York  and  the  Western  and 
Northern  vicinity,  within  the  Canadas,  thirty  days'  notice  being  giv- 
en ot  the  post  o/ place  where  rations  may  be  wanted,  or  the  number 
of  troops  to  be  furnished  on  their  march,  from  the  first  day  of  June, 
ei"hteen  hundred  and  thirteen,  to  the  thirty-first  day  of  May,  eigh- 
teen hundred  and  fourteen,  both  days  inclusive,  at  the  following 
prices ;  that  is  to  say :  at  any  i)lace  where  rations  shall  be  issued 
Avithin  the  City  and"  Harbor  of  New-York,  and  at  the  encampment  of 
Greenbush,  at  fourteen  cents  eight  mills  the  ration.  At  all  other 
places  within  the  state  of  New-York  and  the  Canadas.  at  seventeen 
cents  five  mills  per  ration  ?  provided  however,  that  for  all  rations 
required  within  the  enemy  "s  territory,  the  price  of  the  ration  shall  be 
augmented  in  proportion  to  the  expense  of  transportation  and  issue 
inlhe  enemy's  country,  the  supi)lics  having  been  delivered  on  ac- 
count of  Government  at  maga/.incs  designated  for  that  purpose, 
witliin  the  state  of  New-York:  and  when  it  may  become  necessary, 
the  public  agents,  boats  and  teams  shall  be  employed  in  transporting 
from  such  depots  bv  order  of  the  Commanding  General,  on  rej.re- 
sc.  .tation  of  the  Contractor,  or  his  proper  agent,  that  such  transporta- 
tion cannot  be  furnished  independently  of  the  army  assistance; 
Provided  also,  that  the  Cimtractor  shall  at  all  times  have  reasonable 
notice,  when  and  where  deposits  are  to  be  made  for  transportation 
into  the  enemy's  country,  as  well  as  the  amount  required  for  thai; 
purpose.  Where  the  price  of  the  ration  is  fourteen  cents  eight  mills, 
the  prices  of  the  component  parts  of  the  same  shall  be,  f(»r  meat  five 
cents  five  mills;  for  bread  or  flour  four  cents  eight  mills;  liquor 
three  cents  five  mills,  sn.all  parts  one  cent.  Where  the  price  of  the 
ration  is  seventeen  cents  live  mills,  the  prices  of  the  component  parts 


13 


of  June, 
(I  supple - 
ites  maih 


en  ty -fifth 
died  and 
rtinent  of 
id  Elbert, 
art. 

g,  for  and 

llbert  An- 

mutually 

covenant 

executors 
0  consist 
»f  him  or 
S  place  or 
recruited, 
■(tern  and 
being  giv- 
le  number 
V  of June, 
ay,  eigli- 
fol  lowing 
be  issued 
ipment  of 
all  other 
seventeen 
11  rations 
n  shall  be 
and  issue 
2d  on  ac- 
purpose, 
lecessary, 
iiisporting 
on  reytre- 
ansporta- 
ssistance ; 
easonable. 
sportation 
[|  for  that 
ight  mills, 
meat  five. 
Is;  liquor 
rice  of  the 
:ient  parts 


of  the  same  shall  be,  for  meat  five  cents  five  mills ;  bread  or  flour 
seven  cents  five  mills;  liquor  t'  ree  cents  five  mills;  small  parts  one 
cent.  The  prices  of  the  component  parts  of  the  small  parts  of  the  ra- 
tion shall  be,  eighteen  cents  per  pound  for  candles;  twelve  cents  five 
mills  per  pound  for  soap;  four  cents  five  mills  per  quart  for  vinegar; 
and  two  cents  five  mills  per  quart  for  salt;  Provided  also,  that  the 
thirty  days  notice  required  to  be  given  by  the  government  of  the 
post  or  place  where  rations  may  be  wanted  shall  not  be  understood  to 
apply  when  the  rations  shall  be  taken  from  any  deposit  previously 
made  on  account  of  the  Government. 

Second.  That  the  ration  to  be  furnished  and  delivered  b^r  virtue 
of  this  contract,  shall  consist  of  the  following  articles,  viz,:  one 
pound  and  a  quarter  of  beef,  or  three  quarters  of  a  pound  of  pork ; 
eighteen  ounces  of  bread,  or  flour;  one  gill  of  rum,  whiskey,  or 
brandy;  and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vinegar; 
four  pounds  of  soap,  and  one  jjound  and  a  half  of  candles,  to  every 
one  hundred  rations. 

It  is  understood  that  it  shall  be  in  the  option  of  the  Genera!,  or 
Officer  commanding  an  army  or  a  great  military  district,  in  all  cases 
not  otherwise  provided  for  by  this  contract,  to  direct  when  and  howr 
often  fresh  or  salted  meat  shall  be  issued,  by  General  orders,  to  be 
promulgated  a  reasonable  time  before  the  issue  is  to  commence ;  that 
in  all  cases  where  salted  provisions  are  issued,  the  article  of  salt 
shall  not  be  required ;  that  the  Contractor  shall  always  issue  flour 
two  days  in  every  week,  and  the  option  of  bread  or  flour  for  the  re- 
mainder of  the  week  be  with  the  Contractor. 

Tldrd.  That  supplies  shall  be  furnished  by  the  said  Elbert  An- 
derson. Jr.  his  heirs,  executors,  or  administrators,  at  the  fortified 
places  and  military  posts,  that  are  or  may  be  established  in  the 
limits  aforesaid,  upon  the  requisition  of  the  Commandant  of  the  ar- 
my, or  a  post,  in  such  quantities  as  shall  not  exceed  what  is  suffi- 
cient  for  the  troops  to  be  there  stationed,  for  the  space  of  three 
n)onths  in  advance,  in  go(td  and  wholesome  provisions,  consisting 
of  due  proportions  of  all  the  articles  forming  the  ration. 

It  is  understood  that  if  the  Contractor  shall  be  required  to  deposit 
provisions  at  one  place  or  post,  and  shall  afterwards  be  required  to 
move  them,  to  he  delivered  at  anv  other  place  or  post,  the  expenses 
of  transportation  to  such  other  ploce  or  post,  shall  be  borne  by  the 
17nited  States.  It  is  also  understood  that  all  supplies  are  to  be 
ori'^inally  delivered  at  the  posts  where  they  may  be  required,  with- 
out expense  to  the  United  Sta'?s. 

Fourth.  That  whenever  and  as  often  as  the  provisions  stipulated 
to  be  furnished  under  this  contract,  shall,  in  the  opinion  of  the  com- 
manding officer  of  the  post  or  place  where  they  are  offered  to  be  is- 
sued, be  unsound,  unfit  for  use,  or  of  an  unmerchantable  quality,  a 
survey  shall  be  held  thereon,  by  two  disinterested  persons,  one  to  be 
chosen  bv  the  commanding  officer,  and  the  other  by  the  said  Elbert 
Anderson,  Jun.  or  his  agent,  and  in  case  of  disagreement,  a  third 
person  to  be  chosen  by  mutual  consent,  who  shall  have  power  to  con- 
demn such  part  of  the  provisions  as  to  them   may  appear  unfit  for 


^ 


H 


14 


use.  But  if  the  said  Elhort  Anderson,  Jun.  or  his  a^ent,  shall  fail  or 
neglect  to  appoint  a  person  to  inspect  the  said  provisions,  after  rea- 
sonable notice  in  writing,  it  shall  be  permitted  to  the  said  com- 
manding officer  to  appoint  such  persons  as  he  may  think  proper  to 
inspect  the  provisions,  under  oath,  with  power  to  condemn  as  afore- 
said. And  all  provisions  condemned  by  such  survey  or  inspection, 
may  be  destroyed  by  the  Commanding  Officer. 

Fifth.  That  the  commanding  general,  or  person  appointed  by 
him,  at  each  post  or  place,  in  case  of  absolute  failure,  or  deficiency 
in  the  quantity  of  provisions  contracted  to  be  delivered  and  issued!, 
shall  have  power  to  supply  the  deficiency  by  purchase,  at  the  risk 
and  on  account  of  the  said  Elbert  Anderson,  Jun.  his  heirs,  execu- 
tors or  administrators. 

Sixth.  That  all  losses  sustained  by  the  depredations  of  an  enemy, 
or  by  means  of  the  troops  of  the  United  States,  in  articles  intended 
to  compose  rations,  to  be  issued  under  this  contract,  being  the  pro- 
perty of  the  Contractor,  as  well  as  in  other  property  necessarily  used 
m  transporting  the  same,  shall  be  paid  for  at  the  contract  price  of 
the  rations,  or  the  component  parts,  and  at  an  appraised  value  of  the 
other  articles,  on  the  deposition  of  one  or  more  creditable  characters, 
and  the  certificate  of  a  commissioned  officer,  when  the  same  ( an  be 
obtained,  ascertaining  the  circumstances  of  the  loss,  and  the  a- 
mount  of  the  articles  for  which  compensation  is  claimed. 

Seventh.  That  escorts  and  guards  for  the  safety  of  the  provi- 
fiions,  and  for  the  protecting,  of  the  cattle  against  an  enemy,  shall  be 
furnished,  whenever,  in  the  opinion  of  the  commanding  officer  of 
the  army,  or  of  any  post,  to  whom  application  may  be  made,  the 
same  can  be  done  without  prejudice  to  the  service,  and  that  the  said 
Elbert  Anderson  Jun.  his  heirs,  executors  or  administrators,  shall  not 
be  answerable  for  any  deficiency  of  supplies,  at  any  of  the  said  posts 
or  places,  if  it  shall  appear,  upon  satisfactory  proof,  that  such  defi- 
ciency was  occasioned  by  the  want  of  proper  escorts  and  guards. 

Eighth.  That  at  all  stationary  posts,  proper  storehouses  shall  b3 
provided  on  behalf  of  the  public,  for  the  reception  and  safe-keeping 
of  the  provisions  deposited  from  time  to  time,  at  such  posts,  respec- 
tively ;  and  the  Contractor  shall  suffer  no  loss  for  want  of  such 
stores. 

A'*inth.  That  the  said  Elbert  Anderson,  Jun.  his  heirs,  executors 
or  administrators,  shall  render  his  or  tfieir  accounts  to  the  account- 
ant of  the  department  of  war,  for  settlement,  at  least  once  in  every 
three  months,  agreeably  to  such  form  as  by  the  said  accountant 
may  be  established  and  made  known  to  him  or  them. 

Tevth.  That  all  such  advances  of  money  as  may  be  made  to  the 
said  Elbert  Anderson,  Jun.  his  executors  or  administrators,  for 
and  on  account  of  the  supplies  to  be  furnished  pursuant  to  this 
contiact,  and  all  such  sums  of  money  as  the  commanding  officer  of 
the  troops  or  recruits  that  are  or  may  be  within  the  limits  aforesaid 
may  cnuse  to  be  disbursed,  in  order  to  procure  supplies,  in  conse- 
quence of  any  failure  on  the  part  of  the  said  Elbert  AndersoH;  Jun. 
his  heirs,  executors  or  ;.Jministratur,s,  in  complying  with  the  requisi- 


r#^.-^" 


15 


lall  fail  or 
after  rea- 
aid  com- 
proper  to 
as  afore - 
ispection, 

)inted  bj 
leficiency 
d  issuedfy 
the  risk 
s,  execu- 

in  enemy, 
intended 

the  pro- 
\rily  used 

price  of 
lue  of  the 
laracters, 
e  (an  be 
id  the  a- 

he  provi- 
U  shall  be 
officer  of 
lade,  the 
it  the  said 
,  shall  not 
said  posts 
iuch  defi- 
uards. 
s  shall  b3 
e-keeping 
5,  respcc- 
t  of  &uch 

executors 
account' 
in  every 

ccountant 

de  to  the 
ators,  for 
it  to  this 
officer  of 
aforesaid 
in  conse- 
rsoH;  Jun. 
le  requisi- 


tions herein  contained,  shall  be  duly  accounted  for  by  him  or  them 
by  way  of  set-oflf  against  the  amount  of  such  supplies  and  the  sur- 
plus, if  any,  repaid  to  the  United  States,  immediately  after  the  ex- 
piration 01  the  term  of  this  contract,  together  with  an  interest  at  the 
rate  of  six  per  centum  per  annum,  from  the  time  of  such  expiration, 
until  the  same  shall  be  actually  repayed.  And  that  if  any  balance 
shall,  on  any  settlement  of  the  accounts  of  the  said  Elbert  Anderson, 
Jun.  his  heirs,  executors  or  administrators,  be  found  to  be  due  to  him 
or  them,  for  or  on  account  of  the  rations  which  shall  be  supplied 
pursuant  to  this  agreement,  the  same  shall  immediately  be  paid. 
And  that  no  unreasonable  or  unnecessary  delay,  on  the  part  oi  the 
ofFicers  of  the  United  States,  shall  be  given  to  the  settlement  of  the 
accounts  of  the  said  Elbert  Anderson,  Jun.  his  heirs,  executors  or 
administrators.  Provided  however,  that  no  member  of  congress 
shall  be  admitted  to  any  share  or  part  of  this  contract,  or  to  any 
benefit  to  arise  therefrom. 


(Seal  of  the 
fVar  Office.) 


IJy  WITJ\/*ESS  whereof,  the  said  secretary  of  war^  for 
and  on  behalf  of  the  United  States,  hath  hereunto 
subscribed  his  name,  and  affixed  the  seal  of  the  war 

fee  of  the  United  States;  and  the  said  Elbert  Jln- 
•son  hath  hereto  set  his  hand  and  seal  the  day 
and  year  first  above  written. 


JOHN  ARMSTRONG. 


Signed,  sealed,  and  delivered, 
in  the  presence  of 
DANIEL  PARKER, 
GEORGE  BOYD. 


ELBERT  ANDERSON,  Jun. 


Whereas  by  a  certain  agreement  made  on  the  twenty -fifth  day  of 
February,  eighteen  hundred  and  thirteen,  between  John  Armstrong, 
Secretary  of  War,  and  Elbert  Anderson,  Jun.  of  the  State  of  New 
York,  it  was  stipulated  that  Magazines  of  Provision  may  be  required 
of  the  said  Anderson,  for  the  armies  and  troops  of  the  United  States. 
Now  therefore,  it  is  agreed  between  the  said  John  Armstrong  and 
Elbert  Anderson,  Junior: 

First.  That  whenever  deposits  are  ordered  and  have  been  made 
accordingly,  an  inspection  shall  be  had,  and  an  inventory  shall  be 
taken  as  soon  as  practicable,  which  shall  comprise  all  such  supplies 
as  shall  have  been  actually  deposited  for  the  United  States  by  vntue 
of  the  said  Agreement,  and  a  certificate  of  such  inspection  and  in- 
ventory furnished  to  the  said  Elbert  Anderson,  Jun.  or  his  agent. 

Second.  That  when  issues  are  to  be  made  from  such  deposites, 
the  said  Anderson,  or  his  agent,  shall  be  called  on  for  that  purpose, 
and  duplicate  receipts  given  therefor  by  the  said  party  of  the  se- 


16 


cond  part  or  his  agent,  expressing  the  quantity  and  quality  of  eaoU 
article. 

Third.  That  the  party  of  the  sero-^d  part  <i\y'W  account  to  the 
United  States  for  all  the  supplies  v  'lall  be  receipted  for.  as 

in  the  preceding  article,  he  being  aK.  however  a  deduction  of 

twelve  and  an  half  per  cent,  as  a  full  i;.u»wance  for  wastage,  leakage, 
and  damage  of  whatever  nature,  excepting  only  such  losses  as  may 
be  occasioned  by  tire,  water,  an  enemy,  or  by  the  troops  of  the 
United  States. 

Fourth.  That  the  party  of  the  second  part  shall  issue  all  supplies 
as  aforesaid  to  the  troops  at  the  several  posts,  in  rations  to  consist 
as  follows,  viz : 

Eighteen  ounces  of  bread  or  flour. 

One  pound  and  a  quarter  of  beef,  or  three  quarters  of  a  pound  of 
pork. 

One  gill  of  rum,  branny  or  whisky. 

And  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vinegar,  four 

Sounds  of  soap,  and  one  pound  and  an  half  ot  candles  to  every 
undred  rations. 
Fifth.  That  the  said  party  of  the  first  part  shall  pay,  or  cause  to 
be  paid,  to  the  said  party  of  the  second  part,  one  cent  for  every 
ration  which  he  shall  issue  as  before  recited,  as  a  full  compensation 
for  his  trouble  and  expense  in  issuing  the  same,  the  transportation 
being  furnished  by  the  government  when  the  same,  may  become  ne- 
cessary, and  always  at  the  public  expense  within  the  enemy's  coun- 
try. 

JJ>r  WITJyESS  whereof,  the  said  Secretary  of  War,  on  be- 
half of  the  United  States,  hath  hereunto  subscribed 
his  name,  and  affixed  the  seal  of  the  War  Office 
of  the  United  States;  and  the  said  Elbert  Ander- 
son hath  hereunto  set  his  hand  and  seal  the  dty 
and  year  last  above  written. 


(Seal  of  the 
War  Office.) 


JOHN  ARMSTRONG. 


ELBERT  ANDERSON,  Jun. 


Sig 


ned,  sealed  and  delivered, 
in  the  presence  of 
DANIEL  PARKER, 
GEORGE  BOYD. 


KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  we,  Elbert  Ander- 
son, junior,  of  the  City  of  New  York;  Theodorus  Bailey  of  the 
same  city;  Thomas  Ward  of  Now  Ark,  New  Jersey;  Thomas  Jen- 
kins of  Hudson  (N.  Y.)  Elisha  Jenkins  of  Albany  (N.  Y.)  James 
Thorne  of  Albany  (N.  Y.)  and  Isaiah  Townsend  o'f  Albany  (N.  Y.) 
are  held  and  firmly  bound  unto  the  United  States  of  America,  in 
the  sum  of  one  hundred  thousand  dollars,  lawful  money  of  the  said 


)'  of  each 

nt  to  the 
id  for.  as 
luction  of 
!,  leakage, 
?s  as  may 
ps  of  the 

II  supplies 
to  consist 


pound  of 

legar,  four 
to  every 

r  cause  to 
for  every 
ipensatioii 
isportation 
leconie  ne- 
ny's  coun- 
ter, on  be- 
aubscribed 
Far  Office 
zrt  Jinder- 
al  the  d'ly 


iN,  Jun. 


17 

i:iutcd  states,  to  be  paid  to  the  said  United  States,  for  uhicli  pay- 
ment well  and  truly  to  be  made,  we  bind  ourselves  and  each  ot  us, 
our  and  each  of  our  heirs,  executors,  and  administrators,  for  and  iu 
the  whole,  jointly  and  severally,  firmly,  by  these  presents.  Sealed 
with  our  seals  :  dated  the  twentieth  day  of  March  in  the  year  ol 
oui'  liord  one  thousand  eight  hundred  and  tiiuteen,  and  in  the  thirty- 
seventh  year  of  the  independence  of  the  saiil  states. 

THK  CONDITION  OF  THIS  OBLIGATION  IS  SUCH,  That  if  the  abovc 
bounden  Elbert  Anderson,  Jun.  his  heirs,  executors,  or  administra- 
tors, or  any  of  them,  shall  and  do  in  all  things  well  and  truly  ob- 
serve, perform,  fulfil,  accomplish,  and  keep,  all  and  singular  the 
covenants,  conditions,  and  agreements  whatsoever,  which,  on  the 
part  and  behalf  of  the  said  Elbert  Anderson  Jun.  his  heirs,  execu- 
tors, or  administrators,  are  or  ought  to  be  observed,  performed,  iul- 
fiUed,  accomplished,  and  kept,  comprised  or  mentioned  in  certain 
articles  of  agreement  or  contract  bearing  date  twenty-fifth  day  ol 
February   eighteen  hundred   and    thirteen,    for  supplying    rations 
within  the  limits  of  the  state  of  New  York  and  the  western  and 
northern  vicinity  within  the  Canadas,  from  the  first  day  of  June 
ei"-hteen  hundre'd  and  thirteen,  to  the  thirty-first  day  of  May  eigh- 
teen hundred  and  fourteen,  both  days  inclusive,  according  to  the 
true  intent,  meaning,  and  purport,  of  the  said  articles  ot  agreement 
or  contract,  then  the  above  obligation  to  be  void,  otherwise  to  re- 
main in  full  force  and  virtue. 

Elbert  Anderson,  Jun.  (Seal.) 

Theodorus  Bailey  (Seal.) 

Sealed  and  delivered  in  the>  Thomas  Ward  (Seal.| 

presence  of  5  Thomas  Jenkins  (Seal.| 

} Witnesses  to  the  signatures    Elisha  Jenkins  (Seal.) 

ofElbert  Anderson,  Jr.  Tainpts  Thorne  (Seal.1 

Isaac  Ward  ?  Witnesses  to  the  signature 
Eliza  Ward  5  of  Thos.  Ward. 

John  Townsend    }  Witnesses  to  the  sigratnros  of  Elisha  Jenkins. 
Peter  Townsend  \  James  Thoino  md  Isaiali  Townsend. 


ert  Ander- 
ley  of  the 
homas  Jen- 
Y.)  James 
ny  (N.  Y.) 
Linerica,  in 
of  the  said 


TREASURY    DEPARTMENT, 

Register's  Office,  9,Sd  March,  1826. 

PURSUANT  to  «  An  Act  providing  for  the  prompt  settlement 
of  public  accounts,"  approved  Sd  March,  1817,  I,  Joseph  »\  ourse. 
Register  of  the  Treasury  of  the  United  States,  do  hereby  certdy, 
that  the  aforegoing  is  a  true  copy  of  the  bond  and  contract  ot  Kl- 
bert  Anderson;  the  original  of  which  is  on  file  in  this  J)epartment. 

JOSEPH  NOURSE,  Register, 


.^■.vV#- 


18 


UK  IT  nEMKMBiciiEu,  That  Joseph  •^'owrsp,  Esq.  who  certified 
the  foregoing  transcript,  is  now,  and  was  at  the  time  of  doing  so, 
Register  of  the  Treasury  of  the  United  States,  and  that  faith  and 
credit  are  due  to  his  official  attestations. 

IN  TESTIMONY  WHEREOF,  I,  Richard  Rush,  Secretary  of  the 

Treasury  of  the  United  States,  have  hereunto  sub- 

CSeal  of  the    scribed  my  name,  and  caused  to  be  affixed  the  seal 

Treasury  De-    of  this  Department,  at  the  city  of  Washington,  this 

partment.J         twenty -third  day  of  March,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  twentv-six. 

RICHARD  RUSH, 

Secretary  of  the  Treasury, 

War  Department,  May  17,  1813. 
SIR, 

Your  letter  of  the  12th  inst.  has  been  received  ;  orders  have 
been  given  regulating  provision  returns,  a  copy  of  which  will  be 
transmitted  to  you.  The  ^'iperintendant  General  of  military  sup- 
plies  has  been  instructed  relative  to  the  kind  and  form  of  vouchers 
necessary  to  entitle  you  to  a  credit  for  deposites. 

I  am,  Sir,  Yours,  &c. 

JOHN  ARMSTRONG. 
Klbert  Anderson,  Jun.  Army  Contractor. 


CIRCULAR^INSTRUCTIONS. 

In  addition  to  my  Circular  of  the  20th  May,  (a  duplicate  of 
which  you  will  find  inserted  below)  I  now  enclose  you  the  Presi- 
dent's Proclamation,  announcin|E;  a  Declaration  of  War  against 
Great  Britain  and  her  Dependencies.  At  this  important  epoch  in 
the  history  of  our  country,  it  becomes  me  in  my  official  capacity  to 
(all  your  attention  to  the  duties  assigned  to  you  respectively,  as 
Agents  or  Sub-Contractors  for  the  supply  and  issue  of  rations  to  the 
troops  of  the  United  States. 

Your  principal  has  contracted  with  tlie  government  to  supply  all 
rations  that  may  be  required  in  the  states  of  New-York  and  New- 
Jersey,  containing  a  maritime  frontier  extending  from  the  Eastern 
extremity  of  Long-Island  to  the  capes  of  the  Delaware,  and  of  a 
Northern  inland  frontier  from  Niagara  to  the  outlet  of  Lake  Cham- 
plain.  1  ou  must,  at  one  view,  perceive  the  seat  of  war  your  coun- 
try is  justly  and  necessarily  engaged  in,  and  your  united  exertions 
are  of  the  utmost  importance  in  the  contest  for  our  rights  as  an  in- 
dependent nation.  You  are  associated  with  your  principal  in  the 
^hare  of  censure,  if  censure  is  due,  and  you  are  to  partake  with  him 
in  the  applause  that  vour  countrymen  may  be  disposed  to  give  your 
honest  exertions.  For  the  want  of  activity  and  industry  in  the  ge- 
neral  and  gubordinate  concerns  of  this  department,  disasters  mar 


3  certified 
doing  so, 
faith  and 


tary  of  the 
iunto  sub- 
1  the  seal 
gton,  this 
our  Lord 
c. 

Treasury. 

',  1813. 

ders  have 

h  will  be 

itary  sup- 

vouchers 

RONG. 


iplicate  of 
he  Presi- 
ir  against 
epoch  in 
apacity  to 
tively,  as 
ons  to  the 

lupply  all 
nd  Nevv- 
!  Eastern 
and  of  a 
ke  Cham- 
our  coun- 
exertions 
as  an  in- 
al  in  the 
with  him 
i^ive  your 
in  the  ge- 
iters  may 


19 

occur  that  might  otherwise  have  been  avoided,  if  the  proper  steps  re* 
quired  of  you  had  been  taken  in  tivie.  You  have  previously  been 
instructed  to  look  to  the  resources  of  your  distiict,  and  to  infoni\ 
nie,  at  proper  intervals,  what  reliance  can  be  placed  on  your  dis- 
trict, county  or  town,  for  supplies  that  may  be  required.  This  ne- 
cessary information  will  enable  me  to  communicate  with  the  Com- 
manding General,  and  state  to  him  where  and  how  supplies  may 
be  had  with  the  least  inconvenience  to  the  public  service.  By  pos- 
sessing this  information,  it  will  give  me  time  to  meet  any  scarcity 
in  your  district,  by  transporting  supplies  from  other  places,  or  either 
of  the  deposites. 

You  have  likewise  been  instructed  not  to  offer  or  issue  any  pro- 
visitm  that  should  appear  unsound,  or  of  an  unmerchantable  quality. 
For  this  purpose,  it  will  be  necessary  for  you  to  be  extremely  vigi- 
lant, frequently  examining  the  state  of  your  issues,  and  take  es- 
pecial care  that  your  salt  provision  at  this  season  of  the  year  has 
its  proper  quantity  ot  salt,  and  each  barrel  full  (  good  pickle.  Our 
country  is  blessed  with  plenty  of  ivholesome  food  ;  and  as  the  health 
and  vigor  of  the  Army  depend,  in  a  great  measure,  on  a  strict  and 
faithful  fulfilment  of  your  duties,  you  are  seriously  to  reflect  if,  at 
this  crisis,  your  talents  and  resources  are  fitted  for  the  station  you 
now  hold ;  and  should  you  conclude  to  decline  this  Agency,  you 
will  immediately  inform  me,  so  that  other  arrangements  may  be 
made  in  season. 

In  addition  to  the  just  and  proper  scrutiny  of  tlie  officers  of  tlic 
army,  the  eyes  of  the  public  will  be  contMUially  upon  you ;  and 
without  the  greatest  prudence  and  discretion  oh  your  part,  your 
station  at  this  time  will  excite  the  envy  of  some,  aiid  the  jealousy 
of  others.    You  are  not  now  to  learn,  that  men  are  as  ditVerent  in  ■ 
their  sentiments  and  opinions  as  in  their  countenances  ani  num- 
bers; consequently  you  may  expect  that  your  best  exertions  \yiir 
not  always  be  revvartled,  and  that  universal  satisfaction  is  not  be 
expected — but  this  will  not  deter  you  from  doing  your  duty.    You 
will  listen  to  objections  against  your  provisions  with  patience,  and 
investigate  any  complaints  with  temper  and  moderation ;  at  the  same 
time  you  will  maintain  your  own  rights,  and  the  just  rights  of  your 
principal,  with  dignity  and  firmness.     Go  straight  forward  in  the 
path  of  your  duty,  and  you  will  sooner  or  later  obtain  the  good 
opinion  of  the  Officers,  the  love  and  respect  of  the  Soldiers,  and 
what  is  more,  the  approbation  of  your  own  conscience. 

You  will  have  the  enclosed  instructions  made  known  totliose  who 
supply  Recruiting  Rende7,vous  in  your  district:  and  it  will  be  pro- 
per at  this  time  to  give  publicity  to  that  article  of  the  contract 
which  regulates  the  condemnation  of  unmerchantable  ])rovisions. 
'i'he  Contractor  requires  all  Aj-ents  and  »Sub-Contractors  to  iss 


!sue. 


on  the  4th  of  July  next,  one  gill  of  whisky  to  each  man  in  his  dis- 
trict, and  one  bushel  of  peas  or  beans  to  every  sixty  men,  or  an 
equivalent  in  other  vcgetal)les,  being  extra  from  their  allowance  by 
law,  whidi  issue  will'be  charged  to  me  when  you  transmit  jour 
next  account,  separately  from  the  abstract. 


20 

ADDITIONAL  INSTRUCTIONS. 

IT  is  nocesaary  for  every  issue  to  be  accompanied  by  a  regular 
Provision  Return,  signed  by  the  coniinan<ling  officer;  if  one  or  more 
companies  are  stationed  at  "a  post  or  place,  the  senior  officer  on  com- 
inand,  will  embrace  tlie  whole  number  as  per  form  annexed ;  other- 
wise the  signature  of  the  senior  officer  will  be  required  to  each 
company  return;  but  it  being  more  consistent  with  military  prac- 
tice to  embrace  the  whole  issue  in  one  schedule,  the  contractor  will 
issue  the  whole,  or  distribute  to  each  company.  At  the  end  of  each 
month  these  returns  will  be  inserted  in  an  abstract  from  the  com- 
mencement to  the  end  of  the  calendar  month,  in  the  form  and  man- 
ner prescribed.  If  any  extra  liipior,  a'  other  paits  of  a  ration  are 
issued,  the  total  amount  of  rations  issued,  and  the  extra,  (if  any) 
must  be  inserted  in  words  at  full  length,  at  the  foot  of  the  provision 
return,  as  well  as  in  the  body  of  the  certificate  of  the  monthly  ab- 
stract. The  column  of  remarks,  should  always  exj)lain  to  whoni 
the  issue  is  made,  "  to  troops  on  a  march,^'  "  to  militia,''^  &c.  at  a 
station.  Your's  Respectfully, 

ELBERT  ANDERSON,  Jr,  Contractor. 


DEOZSIOSr  ON  THE  CASK  CLAIM. 

(Copy  from  the  Records  of  the  Wiir  Office.) 

War  Department,  October  15,  1814. 

SIR, 

Your  letter  of  the  3d  instant,  enclosing  the  contract,  corres- 
pondence and  accounts  of  James  Byers  Esqr.  Contractor,  has  been 
received. 

The  question  submitted  to  this  Department  a*ipears  to  have  been 
ajiticipated  in  Mr.  Byers'  proposal  of  January  srth  1812,  to  furnish 
the  deposits  referredto,  reserving  to  himself  a  claim  on  the  Govern- 
ment n)r  reasonable  antl  equitable  allowance  beyond  the  price  stip- 
ulated in  his  contract  for  all  supplies  furnished  "bcfoie  that  contract 
should  take  ettect.  It  does  aot  appear  by  the  contract  referred  to, 
that  Mr.  Byers  was  bound  to  furnish  easks  and  boxes,  or  in  other 
words,  it  does  appear  that  when  liie  rations  were  issued  the  casks 
and  boxes  belonged  to  the  contractor.  If  therefore,  tlie  casks, 
boxes,  &c.  have  not  been  returned  to  hini  and  are  charged  at  a  fair 
price,  the  amount  should  be  passed  to  his  credit. 

I  am.  Sir,  very  res])ectfully. 

Your  obedient  seivant, 


(signed) 

Col.  T.  Lear,  Acct.  of  the  War  Dept. 

A  true  copy, 

©ept.  of  War. ;  6th  A"e:"st  t  SS;"!. 


JAS.  MONROE. 


C.  VANDE  VENIER, 


I 


I  regular 
;  or  more 
'  on  com- 
1 ;  other- 

to  each 
iry  prac- 
ictor  will 
;1  of  each 
the  tom- 
md  ivian- 
xtion  are 

(if  any) 
provibioti 
nthly  ab- 
to  whom 
&c.  at  a 

miractor. 


;,  1814. 

;t,  corres- 
has  been 

lave  been 
to  furnish 
e  Govern- 
rice  stip- 
;  contract 
ferreil  to, 

in  other 

the  casks 

l".e    casks, 

at  a  fair 


lONROE. 


NI'ER. 


21 

The  general  principle  to  pay  for  casks,  boxes,  &c.  that  had  beeu 
left  with  provision  in  Depot,  was  practically  acted  upon  by  the  Ac- 
countant Department,  and,  among  other  cases,  a  contemporaneous 
contractor,  Mr.  Rvers,  who,  bv  the  Third  Auditor's  Report  of  22d 
March  182G,  rece'ived  $  14,502  49;  and  the  same  principle  was  ex- 
tended to  M.  L.  Davis,  a  successive  contractor  to  Mr.  Anderson, 
who  was  allowed  as  per  report  aforesaid,  on  the  I7th  January  1815, 
<j5  2,814  57,  for  casks,  &c.  with  provisions  delivered  in  depot,  at 
New  York,  in  December  1814;  now  the  claimant's  provision  and 
packages  as  before  observed  were  charged  in  his  accounts,  and  were 
delivered  contemporary  with  Mr.  Byer's,in  1812—13—14;  the  new 
version  or  interpolation  to  the  general  principle  was  wiitten  on 
the  original  document  about  March  1815,  at  the  time  of  the  pro 
forma  exhibition  of  Mr.  Anderson's  account  current.  To  do  justice 
to  the  views  of  the  B^xecutive  Dept.  who  then  gave  this  new  construe- 
tion  a  special  operation,  it  could  be  only  meant  to  bar  claims  arising 
out  of  subsequent  contracts.  It  Is  the  accounting  officers  who  have 
applied  the  ex-post-facto  construction  to  the  injury  of  Mr.  Anderson, 
and  not  the  "  ultimate  decision"  itself.    . 

«  The  above  allowance  to  Mr.  Byersfnr  casks  and  boxes,  was  in- 
tended to  compensate  him  for  his  troubh  and  expense  sustained  in 
supplying  rations,  and  making  deposits  before  his  contract  commen- 
ced; and  no  allowance  for  casks  or  boxes  m,ust  be  made,  except  in 
cases  of  special  contract  with  this  Department. 


(Signed) 


MME8  MOJSTROE:' 


on  coMPEirsATiosr  for  depreozatzon  i:f 

TREASURY  ZTOTES. 


SIR, 


Washington,  July  llth,  1815. 


J  recollect  receiving  the  letter  addressed  to  me  by  you  while 
I  v*ds  in  the  Department  oTWar,  bearing  date  on  the  4th  January 
last,  and  am  satisfied  that  I  assured  you  that  you  should  sustain  no 
loss  which  I  could  prevent— The  troops  in  the  Eastern  States  were 
in  great  distress.  I  was  aware  of  the  depreciation  of  Treasury 
notes ;  it  was  indispensable  to  supply  the  troops,  and  it  seemed  to  be 
just  that,  as  the  government  could  not  furnish  you  with  a  paper 
which  circulated  at  par  in  that  quarter,  you  ought  to  be  indemnified 
against  the  loss  arising  from  the  depreciation.*  1  considered  your 
case,  at  the  tiinc,  as  rendered  peculiar  by  the  situation  of  the  troops. 


.^***i,|S%-; 


32 


and  the  exigency  of  tlie  public  service  in  the  quarter  to  %vhicli  youi' 
contract  applieu. 

I  ani)  sir,  with  great  respect, 

Your  very  ob'Ut  servant. 
Signed,  JAMES  MONROE. 

James  Bycrs,  Esq. 

True  copy. 

PETER  HAGNER,  Auditor. 

*  This  letter  wns  applied  to  the  claim  of  James  Bycrs ;  the  principle  however  is 
Ji^eral,  ami  s'.iows  tlie  just  and  enlightened  views  of  tha  writer,     rhertweofthe 

iircscnt  claimrait  was  stronger,  and  i-e(|uirod  the  peculiar  jjrotection  of  the  U.  States— 
»ii»  8/a<«  a.'i<i  ri*/acf  was.  the  actual  scat  of  war;  both  Soutiicrn  and  Northern  Fron- 
tiers menaced  and  invaded  by  a  vindictive  foe,  and  the  constant  and  unexpected  tall^ 
for  the  Militia  had  to  be  met  by  immediate  supplies. 


SBOABTABV  OnJk'WTOKD*n  DEOZSZOIT  OM  AX.I.OVrAKCS 
TO  OOXTTRAOTORS  FOR  DAXXikOSS  &  IxmSREST' 

The  Accountant  in  settling  the  accounts  of  the  Contractors  for 
1814-15.  will  allow  all  claims  supported  by  evidence  of  loss  sustain- 
ed by  payment  of  interest  or  damages,  in  consequence  of  the  de- 
partment being  unable  to  make  the  necessary  advances. 

Also  all  losses  sustained  upon  the  issue  of  rations,  not  requirable. 
by  the  contract. 

All  claims  arising  from  loss  sustained  by  requisitions  not  author- 
ized by  the  contract. 

The  Contractois  will  be  required  to  account  for  all  premiums  re- 
ceived upon  the  sale  of  bills  negociated  by  them  on  the  Govern- 
ment. 

(Signed)  W.  H.  CRAWFORD. 

Received  by  the  Accountant  27th  January^  1816,/rom  the  Secreta- 
ry of  War. 

True  copv, 

PETER  HAGNER,  Auditor. 


m 


thactical  opehation  of  tiik  foregoing  decisions  by  the 
accountant    depautment. 


SIR, 


Treasury  Department^ 

Tfiird  Auditor's  Office,  22d  March,  1826. 


I  have  the  honor  to  retlirn  the  letter  of  the  Honorable  C.  C 
Cambreling  of  the  18th  instant,  wherein  he  asks  that  Mr.  Ander- 


23 


lich  youi- 


NROE. 


Auditor. 

however  is 
['  case  of  the 

U.  Sutes— 
Ihcm  Fi'on- 
pectcd  tall^ 


WAXTCS 

,EST« 

actors  for 
3s  sustain- 
of  the  de- 

requirable. 

at  author- 

miums  re- 
e  Govern- 

TORD. 

ie  Secrefa- 

nditor. 


i  BY  THE 


trchf  1826. 

•able  C.  C. 
[r.  Ander- 


aon  be  furnished  with  information  to  whom  and  what  sums  l»ave 
been  paid  for  interest,  and  damages  on  protested  bills  of  exchange, 
under  the  decision  of  the  Secretary  of  War,  of  the  27th  January, 
1816,  and  to  whom  and  what  allowances  have  been  made  by  the 
Department  for  casks,  boxes,  &c.  under  two  decisions,  one  by  Pre- 
sident Madison,  and  the  other  by  the  Secretary  of  War,  and  which 
you  have  referred  to  me  for  a  report  of  the  facts  in  the  case  ot  al- 
lowances referred  to  by  Mr.  Cainbreling. 

I  have  accordingly  the  honor  to  state  that  the  following  credits 
have  passed  in  the  cases  referred  to,  in  a  nemorandum  accompany- 
ing the  letter  stated  to  have  been  derived  fro.a  Mr.  Anderson,  viz : 
Under  the  rule  laid  down  by  the  Secretary  of  War,  of  the  27tli 
January,  1816,  Ward  and  Taylor,  under  their  contract  of  2lst 
March,  1814,  commencing  on  the  1st  June,  1814,  and  ending  3 1st 
May,  1815,  amount  of  payments  made  by  them  for  discount,  in- 
terest, damages,  &c.  on  protested  bills  drawn  by  them  on  the  Se- 
cretary of  War,  and  on  tlie  Casluers  of  the  Pennsylvania  and 
Schuylkill  banks,  in  Philadelphia,  for  the  supply  of  the  army  with 
provisions,  820,958  88. 

John  H.  Piatt,  under  his  contract,  dated  26th  January,  1814, 
commencing  Ist  June,  1814,  and  ending  31st  May,  1815,  g21,000, 
being  10  per  cent,  on  $210,000  in  consideration  of  the  damage* 
sustained  by  him  in  consequence  of  his  drafts  on  the  government 
being  protested ;  ^3,750,  being  the  amount  charged  by  the  Farmers' 
and  \lechanics'  Bank  of  Cincinnati,  for  neo;otiating  sundry  bills 
drawn  on  the  Secretary  of  War  by  J.  H.  Piatt,  from  20th  June, 
1814,  to  31st  October,  1814;  $4,320,  being  the  amount  charged  by 
the  Miami  Exporting  Company,  for  negotiating  sundry  bdls,  drawn 
as  above  stated,  from  6th  June,  1814,  to  7th  February,  1815. 

g4,707  21,  allowed  in  addition  to  the  above,  by  the  Second 
Comptroller,  under  the  act  passed  for  the  relief  of  J.  H.  Piatt,  for 
interest  paid  by  him  to  the  Farmers'  and  Mechanics'  Bank  of  Cin- 
cinnati, on  money  he  was  obliged  to  borrow  on  account  ot  the  failure 
of  the  government  to  pay  his  drafts.  w^      ,      ^i.  • 

No  allowance  was  made,  under  the  rule,  to  Orr  and  Ureely :  their 
contract  not  coming  within  it,  being  from  1st  June,  1813,  to  31st 

May,  1814. 

James  Byers,  under  his  contract  of  6th  November,  1811,  com- 
mencing 1st  June,  1813,  and  ending  31st  May,  1814,  received  the 
following  credit  on  settlement  of  his  accounts  12th  July,  1815,  viz: 
«  For  this  amount  allowed  him  by  the  Secretary  of  War,  per  his 
letter  3d  October,  1814,  (it  should  be  13th  October)  (being  the  cost 
of  casks,  boxes,  &c.  in  which  the  parts  of  rations  were  deposited 
by  Mr.  Byers,)  in  consideration  of  his  having  furnished  the  pro- 
visions, ante'-ior  to  the  commencem'^nt  of  his  contract,*  and  having 
made  a  reservation  in  his  proposals  to  the  Secretary  of  War,  and 
acceded  to  by  tlit  Secretary,  crdculated  to  meet  extraordinary  and 
peculiar  hardship  attending  the  business  of  this  additional  sup- 

*  By  reference  to  the  original  correspondence,  it  appears  Mr.  Bj'Crs  did  not  make 
?.nv  deposit  **  anterior  to  the  commencement  of  his  contract.". 


i 


:..#. 


.>3!»5i»w,  :.■■'«.■#_:■.  Cx J 


24 


Cs 


ply,"    ^14,502  49.--See  copy  of  the  letter  of  the  Secretary  of 
War,  marked  A,  herewith. 

Matthew  L.  Davis,  under  his  contract,  dated  26tli  April,  1814, 
commencing  1st  June,  1814,  and  ending  31st  May,  lsl5,  received 
a  credit  for  casks  and  boxes,  amounting  to  ^2,814  57,  under  the 
following  circumstances :  He  placed  in  deposite  at  New  York  and 
its  vicinity,  in  December,  1814,  provisions  in  bulk,  for  which  he 
obtained  the  officers'  receipts,  including  the  casks  and  boxes.  On 
settlement  of  his  account,  by  the  then  Accountant,  on  the  17th 
Jan.  1815,  he  received  a  credit,  and  the  officers  were  charged  with 
the  provisions  received  on  deposite,  as  well  as  for  the  casks,  &c. 
in  which  they  were  contained. 

Subsequently,  say  on  settlement  of  28th  March,  1815,  by  the 
same  accounting  officer,  the  credit  was  reversed  for  the  casks  and 
boxes,  on  the  ground  «  that  they  had  been  admitted  in  the  previous 
statement,  prior  to  the  ultimate  decision  of  the  Ir'ecretary  of  War 
that  no  allowance  shall  be  made  to  contractors  for  barrels,  casks,  &c. 
except  in  special  cases  of  contract  with  the  War  Department." 

The  account  thus  remained  until  the  2d  March,  1817,  when  Mr. 
George  Graham,  then  acting  Secretary  of  War,  made  the  follow- 
ing decision :  «  The  amount  of  the  charge  for  casks,  barrels,  boxes, 
&c.  which  had  been  admitted  to  the  credit  of  the  contractor,  previ- 
ous  to  the  decision  of  the  Secretary  of  War,  and  for  which  a  war- 
rant had  issued,  will  be  allowed." 

(Signed)  GEORGE  GRAHAM. 

2i  March,  1817. 

Mr.  Davis  having  received  back  most  of  the  provisions  in  the 
same  casks  and  boxes  in  which  they  were  deposited  for  issue,  I  sub- 
mitted the  following  remark :  "  The  same  casks  and  boxes  having 
been  again  turned  ovei-  to  Mr.  Davis,  when  he  received  the  depo- 
site, (in  which  the  provisions  were  contained)  does  the  above  de- 
cision go  to  exonerate  him  from  any  charge  for  them  .•^" 

(Signed)  PETER  HAGNER. 

26th  March,  1817. 
The  Hon.  Secretary  of  War. 

On  which  the  Second  Comptroller  decided  as  follows  :  "  The  Se- 
cond Comptroller  cannot  interfere  with  the  decision  of  Mr.  Gra- 
ham, acting  Secretary  of  War,  sanctioned  by  the  late  President  of 
the  United  States.  The  amount  allowed  to  the  credit  of  Mr.  Davis 
for  casks,  barrels,  boxes,  &c.  will  remain  so,  without  being  recharg- 
ed to  him." 

(Signed)  RICHARD  CUTTS. 

wVov.  24,  1818. 


The  amount  was  accordingly  admitted  to  the  credit  of  Mr.  Da- 
vis, by  the  Second  Comptroller  on  settlement,  26th  November, 
1818, 


4mm.  ^mm m. 


25 


•etaiy  of 

il,  1814, 
received 
ntler  the 
York  and 
ivhich  he 
xes.  On 
the  17th 
ged  with 
isks,  &c. 

),  by  the 
asks  and 
previous 
of  War 
asks,  &c. 
jnt." 
A'hen  Mr. 
e  foil  ow- 
ls, boxes, 
:)r,  previ- 
h  a  war- 

.HAM. 


ns  in  the 
ue,  I  sub- 
js  having 
the  depo- 
ibove  de- 

BNER. 

1817. 


»  The  Se- 
Mr.  Gra- 
jsident  of 
Mr.  Davis 
5  recharg- 

UTTS. 

1818. 


Mr.  Da- 

sovomber, 


There  is  not  to  be  found  among  the  papers  any  written  decision 
of  President  Madison,  nor  is  it  recollected  to  have  been  seen  m 

this  office. 

I  have  the  honor  to  be,  with  great  respect,  bir, 

lour  obedient  servant, 
(Signed)  PETER  HAGNER,  Auditor. 

To  the  Hon.  James  Barbour , 
Secretary  of  War. 

I  certify  that  the  above  is  a  true  copy  of  the  original  received  from  |';«  jy^i^  D<^- 
partmeiit.  IHU.MAb  J.  HUUSUix. 

March  24, 1826. 


From  the  Secretary  of  War,  enclosing  the  above. 


SIR, 


Department  of  War,  March  2Srf,  182G. 


Agreeably  to  the  request  made  by  Mr.  Cambrehng  to  cause 
vou  to  be  furnished  with  a  statement  of  what  seems  to  have  been 
paid  for  interest  ^n.;  damages  on  protested  bills  of  exchange  under 
the  decision  of  the  Secretary  of  War  of  27th  January  1816,  and 
what  allowances  have  been  made  by  the  Department  for  casks,  box- 
es, &c.     I  transmit  herewith  a  report  of  the  Thud  Auditor,  which 

furnishes  the  information  required.  TinniTR 

^Signed)  JAMES  BARBOUR. 

Elbert  Anderson,  Esq. 

I  certify  that  the  above  is  a  true  copy  of  the  original  received  from  the  War  De- 
partment. 


March  24, 1826. 


THOMAS  J.  IIODSON. 


LETTERS  SHOAVING  HOAV  THE  CON 
TRACTS  WERE  EXECUTED. 

Mbany,  Dec.  l9//i,  1812. 

SIR 

'  Mr.  Elbert  Anderson,  Junr.  the  contractor  for  this  state,  in- 
forms me  that  he  contemplates  making  a  proposition  for  the  contract 
for  the  ensuing  year.  Mr.  Anderson  has  for  a  number  of  years  sup- 
plied the  rations  in  this  State.  The  very  prompt  and  capable  man- 
ner in  which  he  has  heretofore  discharged  the  du  ,es  of  Contracto. . 
and  the  acquaintance  which  the  performance  ol  those  duties  has  giv- 
en  him,  with  the  resources  of  this  part  of  the  country,  qualify  inn.  in 
an  eminent  degree  for  the  fulfilment  of  that  station  hcreattcr,  as  satib- 


■.-..Wftiwl^w 


■Ml 


m 


26 


lactorily  as  it  can  be  lilled  by  any  person ;  and  should  his  bid  entitle 
him  to  the  contract  for  the  next  year,  I  have  no  doubt  of  his  capaci- 
ty and  responsibility  to  perform  the  contract  satisfactorily. 

I  am  Sir,  respectfully. 

Your  ob'dt  servt. 
(Signed)  DANIEL  D.  TOMPKINS. 

Hon.  William  Eustis. 

The  foregoing  is  a  correct  copy  of  the  original  on  file  in  the  War  office. 

C.  VANDE  VEiNTER,  C.  C.  W.  D- 


Red  Hook,  August  12,  1823. 
DEAR  SIR, 

I  received  your  letter  of  the  4th  instant  a  day  or  two  ago :  I 
am,  as  you  well  know,  no  great  panegyrist  of  either  dead  or  living 
public  functionaries ;  but  this  fact  notwithstanding,  it  bv  no  means 
follows,  that  I  should  have  any  hesitation  in  speaking  favorably  of 
them,  or  of  their  conduct,  when  the  latter  shall  have  been  such  as, 
in  my  opinion,  entitled  them  to  praise.  On  this  general  principle, 
and  under  the  best  recollections  I  h.ave  of  the  manner  in  which  you 
ilischarged  your  duty  as  an  army  contractor,  I  have  no  scruple  in 
saying,  tliat  it  was  both  able  and  honest,  fulfilling  as  far  as  was  per- 
haps possible  under  the  circumstances  of  the  times,  the  injunctions 
of  the  law,  and  the  objects  and  expectations  of  the  Government, 
and,  on  some  occasions,  showing  a  disposition  to  promote  the  suc- 
cess of  pending  military  operations  by  doing  rather  more,  than 
less,  tlian  was  prescribed  by  the  letter  of  your  contract. 

It  was  tlie  joint  eftect  of  this  disinterestedness  and  of  the  opinion 
entertained  of  your  general  capacity  for  business,  that  induced  me, 
with  the  approbation  of  the  President,  to  sound  you  on  the  subject 
of  supplying  the  Army  by  a  Commissariat,  instead  of  contracts,  and 
virtually  to  offer  to  you  the  direction  of  a  department  of  that  descrip- 
tion. This  fiict  is  perhaps  the  best  illustration  I  could  ^ive  of  the 
consideration  in  which  you  were  held  by  the  Executive  of  that  day, 
and  which  takes  a  new  force  from  the  circumstance,  that  when  the 
offer  was  declined  by  you,  it  was  not  made  to  any  other  person. 

I  am,  dear  sir,  respectfulh'  your  obedient,  humble  servant, 

JOHN  ARiMSTRONG. 
F.lbert  Anderson,  Esq. 


SIR, 


Montpelkr,  Oct.  22,  1823. 


The  attention  of  the  Executive  of  the  U.  States  being  divi- 
ded among  the  several  Departments,  he  cannot  be  supposed  as  par- 
ticularly ac(|uainted  with  the  transactions  under  each,  as  the  respec- 
tive heads  of  them.    What  I  can  say  with  truth  and  pleasure  in 


27 


id  entitle 
i  capaci- 


IPKINS. 


your  case  is,  that  every  thing  I  recollect  to  have  known  of  your  a- 
gency  in  supplying  the  army  during  the  late  war  was  favorable  to  tlie 
ability  and  zeal  with  which  the  trust  %vas  executed. 

With  friendly  respects, 

JAMES  MADISON. 

Elbert  Anderson,  Esq. 


;.  c.  w.  D. 


1,  1823. 

0  ago:  I 
or  living 
no  means 
orably  of 

such  as, 
principle, 
which  you 
icruple  in 

was  per- 
ijunctions 
vernment, 
i  the  suc- 
lore,  than 

e  opinion 
luced  me, 
le  subject 
racts,  and 
at  descrip- 
ive  of  the 
that  day, 
when  the 
crson. 
nt, 
RONG. 


12,  1823. 

)eing  divi- 
id  as  par- 
the  respec- 
(leasure  in 


liloomjield,  Ontario  Co.  JV.  I'.  Oct.  27, 1823. 
Elbert  Anderson,  Esq. 
SIR, 

By  your  request  I  have  examined  and  compared  the  vouch- 
ers, orders,  &c.  Avhich  took  place  and  occurred  on  the  Niagai-a 
frontier,  in  the  winter  of  1813  and  1814,  between  you  as  Army 
Contractor,  by  your  agent  Nathaniel  Allen,  Esq.  and  myself  as 
Commanding  Officer  on  that  station.  At  the  time  I  assumed  the 
command,  the  frontier  had  in  part  been  laid  waste  by  the  enemy, 
viz :  from  Fort  Niagara  to  the  Falls— and  all  the  public  provisions, 
stores,  &c.  in  that  quarter,  had  been  destroyed.  And  on  the  SOth 
of  December,  1813,  the  remaining  part  of  the  frontier,  to  wit : 
Buffalo  and  Black  Rock,  together  with  all  the  supplies  for  the  army, 
were  likewise  destroyed. 

Thus  situated,  I  called  on  vour  agent.  Major  Allen,  for  imme- 
diate supplies,  which  he  furnished  with  promptitude,  without  avail- 
ing himself  of  the  thirty  days  notice,  as  1  understand  was  allowed 
by  the  contract— and  no  doubt  those  supplies  were  furnished,  in 
most  instances,  at  a  much  gi-eater  expense  than  they  would  have 
been,  had  the  usual  time  been  taken  to  have  completed  the  several 
requisitions,  viz:  the  1st  bearing  date  the  24th  December,  1813, 
and  directing  ten  thousand  rations  to  be  delivered  in  deposite  near 
Lewistown.— 2d,  the  Sd  of  January,  1814,  directing  thirty  thou- 
sand meat  rations  to  be  furnished  at  Williamsville.— 3d,  the  9th  ot 
Tinuary,  1814,  on  the  Public  Storekeeper  at  Handford's  Landing. 
4t,h,  the  lOtli  of  January,  1814,  for  one  hundred  thousand  complete 
rations,  to  be  deposited  at  Williamsville.— 5th,  dated  20th  of  Janu- 
ary, 1814,  for,  viz: 

175,000  complete  rations  at  Williamsville. 
22^,000        do.        do.      "  Batavia. 
100,000        do.        do.      «  Warren's,  on  Ridge  Road. 
And  I  am  well  satisfied  that  the  greater  part  of  the  supplies,  lur- 
nished  to  fulfil  the  above  requisitions,  were  taken  from  the  place  or 
places  where  the  purchases  weie  severally  made,  and  transported 
directly  to  tlie  several  deposites  pointed  out  by  my  orders.     And  I 
may  further  add,  that  the  places  of  deposite  were,  in  some  in- 
stance's, entirely  out  of  the  direction  of  the  posts  to  which  my  or- 
ders directed  the  supplies  to  be  carried,  and  consequently  the  trans- 
portation of  Ihein  to  the  original  places  of  deposite  at  the  tune. 


•  i^  «M>^'^  ■-■*( 


28 

would  have  been  attended  with  serious  inconvenience  to  the  United 

States. 

I  am,  Sir.  most  respectfully, 

Your  obedient  humble  servant, 

AMOS  HALL, 
Late  Major-Gen. 


Washington,  JSTovemher  SO,  1823. 

DEAR  SIR,  ,.    .     ,         .    u-  u 

It  is  but  justice  to  give  you  credit  for  the  part  which  you 
bore  in  the  late  war  with  Great  Britian,  when  you  not  only  exerted 
yourself  to  sustain  the  administration  by  all  the  means  in  your  power, 
but  likewise  efficiently  combatted  opinions  which  were  hostile  to  the 
interests  and  liberties  of  the  people.  To  your  exertions  in  the  Com- 
missariat, the  army,  serving  on  the  northern  and  southern  frontiers 
of  the  State  of  New -York,  was  peculiarly  indebted,  and  has  acknow- 
ledged with  gratitude  your  prompt  and  sufficient  supply  of  those  ar- 
ticles of  subsistence  essential  to  their  well  being,  at  a  time  it  was 
difficult  to  supply  the  troops  with  necessaries  of  any  description. 
That  the  administration  was  satisfied  with  your  conduct  in  the  im- 
portant and  arduous  duties  which  you  had  undertaken,  is  well 
known,  and  as  far  as  your  operations  have  come  under  my  observa- 
tion, I  have  had  every  reason  to  be  perfectly  satisfied  not  only  with 
your  zeal,  activity  and  system,  but  with  the  liberality  and  perfect 
fairness  of  your  dealings,  to  say  nothing  of  the  gratuitous  supplies 
of  vegetables  to  the  Hospitals  for  the  use  of  *he  sick  and  wounded. 
With  sentiments  of  respect  and  esteem, 
I  remain,  dear  sir. 

Your  most  ob't.  servant, 
ALEX.  M'COMB,  J\Iaj.  Gen. 
Elbert  Anderson,  Esq. 


;iai*» -^(Wwwwfcte.-  'f'  *#  .'»i«i«*«»v.  ;;.«!i»K. 


le  United 


29 


]i  I 


or -Gen. 


3, 1823. 

which  you 
y  exerted 
)ur  power, 
tile  to  the 
I  the  Corn- 
frontiers 
IS  acknow- 
f those  ar- 
ne  it  was 
escription. 
n  the  im- 
1,  is  well 
f  observa- 
only  with 
id  perfect 
s  supplies 
mounded. 


t, 

J\I(tj.  Gen. 


OPINIONS. 


ON    THE    CASK    AND    PACKAGE    CLAIM. 

We  have  examined  the  contracts  submitted  to  us  for  consideration, 
and  are  of  opinion  that  Mr.  Anderson  is  fairly  entitled  to  a  reason- 
able allowance  for  the  barrels,  boxes,  packages,  &c.  containing  the 
rations,  delivered  by  him  pursuant  to  his  contracts.    Rations  are  the 
thino-  contracted  for,  which  certainly  mean  no  more  than  the  quan- 
tity of  the  article,  without  reference  to  what  it  may  be  contained 
in.— In  that  way  it  is  always  furnished  to  the  soldier,  he  bringing 
the  machine  to  contain  it.     What  is  a  ration  to  him,  when  he  re- 
ceives it,  from  Government,  is  also  a  ration  to  Government,  when 
it  is  received  from  the  contractor.     We  know  that  in  the  purchase 
of  many  of  the  articles  of  provision,  &c.  the  things  they  are  con- 
tained in  are  either  to  be  returned  or  paid  for— as  to  other  articles, 
there  may  be  a  diversity  according  to  the  usage  of  business;  which 
usa<'e  will  there  always  decide,  because  the  parties  must  be  sup- 
posed to  have  dealt  with  a  knowledge  of  that  usage,  and  to  have 
incUuled  the  value  of  the  box  or  package,  &c.  in  the  nominal  price 
of  the  article.     In  the  contracts  with  Government,  it  seems  to  us 
that  usage  is  clearlv  the  other  way.    Those  made  in  time  of  neace 
have  always  been  exptmnded,  by  receiving  the  rations  merely,  at 
the  places'^of  issue;  and  when  on  a  march,  great  inconvenience  or 
necessity  required  that  the  contractor's  barrels,  &c.  should  be  used, 
they  weie  always  returned  or  allowed  for  to  him.    This  was  a  prac- 
tice which  seems  to  have  settled  the  construction  of  the  contract; 
and  when  in  time  of  war,  those  which  related  to  the  same  thing 
used  the  ^ame  language.     We  think  the  terms  used  can  only  re- 
ceive the  same  interpretation.     If  Government  intended  differently, 
their  change  ot  intention  should  have  been  expressly  stated ;  for 
the  contractor  r.ust  be  presumed  to  have  made  his  bargain  with  a 
view  to  the  established  usa^e.     No  satisfactory  reason  seems  as- 
signable why  he  should  be  called  upon  to  do  more  in  time  of  war, 
under  the  same  bargain,  than  would  be  required  of  him  in  the  event 

"'  1"^'"  WM.  PINKNEY. 

THOS.  ADDIS  EMMET. 
JOS.  OGDEN  HOFFMAN. 

frashington  City,  March  lOtli,  1815. 

X(»TE— At  the  same  time  the  above  opinions  weve  pfiven,  the  written  opinion  wan 
fnllv  given  in  favor  of  tliis  claim  bv  tlic  laic-  Smnuel  Dexter:  this  opinion  was  left  in 
the'Thinl  Auditor's  offii-e,  but  is  not  to  be  found.  It  is  worthy  ot  remark,  that  tlie 
late  S.  Dexter  was  acting  Seer.  lai'V  of  War,  and  was  tiie  autlior  of  the  blank  form» 
i>(  the  very  contracts  that  the  claim  of  casks  were  made  uiiiler. 

5 


*  '<*  *■ 


30 

Mr.  Anderson  having  submitted  to  mc  for  my  consideration,  his 
contracts  with  the  Government  of  the  United  'States  for  supplying 
rations,  (one  of  which  contracts  bears  date  the  25th  February,  1813, 
and  was  made  with  the  Secretary  for  the  Department  of  War)  and 
his  claim  under  the  same  for  a  reasonable  allowance  for  the  boxes, 
packages,  barrels,  inclosures,  &c.  containing  the  meat,  flour,  liquor, 
and  other  component  parts  of  rations  furnished  in  pursuance  of  his 
contracts,  I  am  of  opinion  that  in  all  those  cases  in  which  the  boxes, 
&c.  were  delivered  together  with  the  rations,  and  retained  on  the 
part  of  Government,  he  is  justly  entitled  to  a  fair  and  reasonable 
allowance  for  the  value  of  the  inclosure.    This  would  appear  to  be 
according  to  the  ordinary  course  of  dealing,  and  there  is  nothing 
in  the  contracts  from  which  we  are  to  infer  that  the  beef,  pork,  li- 
quor, &c.  of  which  the  rations  consisted,  were  to  include  the  ves- 
sel or  cask  or  box  in  which  they  were  contained.     He  was  simply 
to  furnish  rations,  which  does  not  necessarily,  or  according  to  usage, 
include  the  material  for  carrying  or  containing  the  same. 

JAMES  KENT. 

Mbany,  October  21, 1823. 

I  have  considered  the  question  answered  in  the  within  opinion  of 
Chancellor  Kent's,  as  well  in  reference  to  the  contract  of  the  25th  ot 
February  1813,  as  to  the  contract  of  the  7th  of  November  1811,  and 
fully  concur  in  the  same. 

^  A.  SPENCER. 

Albany,  October  24,  1823. 


ON 


PACKAGES  CAPTURED  AND  DESTROYED. 

The  claim  of  Mr.  Anderson  for  the  loss  of  the  packages,  boxes, 
barrels,  &c.  containing  provisions,  &c.  as  within  claimed,  falls  un- 
der tbe  sixth  article  of  his  conti  act,  and  there  can  be  no  reasonable 
doubt  that  if  he  is  entitled  to  the  packages,  he  is  entitled  to  the  loss  of 
them  sustained  by  the  depredations  of  the  enemy,  or  by  means  of  the 
troops  of  the  U.  States.  The  article  says  that  all  losses  so  sustained 
were  to  be  allowed,  and  surely  the  packages,  materials,  &c.  cover- 
ing the  provisions  were  property  subject  to  loss,  and  being  actually 
lost  to  the  contractor,  the  demand  falls  within  the  terms  and  the 
palpable  equity  of  tl,e  6tl.  article.  ^^^^^  ^^^^ 

Many,  Oct.  22d,  1823. 


If  the  packages,  &c.  be  the  property  of  the  contractor,  as  contra- 
distinguished from  the  rations,  of  wiiich  I  have  no  doubt,  then_  the 
loss  in  question  comes  wit'iiti  the  tprms  of  the  contract,  in  either 
rase  it  is  not  imputable  to  the  laches  of  the  contractor,  the  loss  pro- 


31 


•ation,  his 
supplying 
ary,  1813, 
War)  and 
the  boxes, 
lur,  liquor, 
ice  of  his 
the  boxes, 
ed  on  the 
reasonable 
)ear  to  be 
is  nothing 
,  pork,  li- 
e  the  ves- 
icas simply 
g  to  usage, 

KENT. 


opinion  of 
'the  25th  of 
•  1811,  and 

ENCER. 


ges,  boxes, 
i,  falls  un- 
reasonable 
o  the  loss  of 
neans  of  the 
io  sustained 
&c.  cover- 
ng  actually 
ms  and  the 

)  KENT. 


,  as  contra- 
ct, then  the 
t,  in  either 
;he  loss  pro- 


ceeding from  a  casualty  of  war,  or  the  act  of  the  troops  ot  the  Uni- 
ted States ;  the  Government  having  assumed  both  these  risks,  in  my 
opinion  the  contractor  is  entitled,  upon  the  strictest  principles,  to 
be  paid  a  fair  equivalent  for  the  loss  sustained. 

^  A.  SPENCER. 

many,  Oct.  24,  1823. 


ON   RECEIVING    A.    PORTER's  PROVISION    AND    CAPTURED  FLOUR. 

I  am  of  opinion  upon  the  within  case  that  Mr.  Anderson  is  en- 
titled to  some  equitable  allowance  for  the  loss  or  damage  he  niav 
have  sustained  by  being  obliged  to  receive  an  extra  proportion  ot 
flour  as  within  mentioned,  inasmuch  as  the  value  of  his  contract  de- 
pended materially  upon  preserving  a  rateable  proportion  betweeii  the 
several  articles  to  be  furnished  within  the  contemplation  of  his  con- 

*'^''*'  JAMES  KENT. 

dlbani/f  October  Q9d,  1823. 


I  have  considered  claim  number  seven,  and  fully  concur  in  the 
view  taken  of  the  subject  by  Mr.  Secretary  Crawford,  indeed  the 
principle  he  advances  seems  so  just  and  obvious,  as  not  to  admit  of 
further  iUusfatiou..  A.SPENCER. 

Oct.  24,  1823. 

•  «  The  Accountant  in  the  settling  Uic  accounts  of  Contractors  for  18l4--'15,  wUl 

allow  all  claims,  &c.  .  .    , ,    .     .u  .      * 

"  Also,  all  losses  sustained  upon  the  issue  of  raUons,  not  requirable  by  the  contract. 
"  All  claims  ai-isiiig  from  loss  sustained  by  requisitions,  uot  autliorized  by  the  coiv- 

tracU' 


ON    CLAIM   FOR   TAX    ON    WHISKY. 

The  claim  founded  upon  the  within  statement  of  facts,  does  not 
appear  to  be  admissable  at  the  Treasury  Department;  and  the  equi- 
ty upon  which  the  claim  rests  must  be  addressed  to  the  justice  ot 
Con«'ress.  I  should  presume  the  appeal  to  that  justice  would  not 
be  male  in  vain,  and  Mr.  Anderson  has  very  equitable  and  per- 
suasive grounds  to  ask  for  a  reasonable  indemnity  for  the  depreci- 
ation of  the  valu3  of  his  contract,  by  the  direct  interference  of  Go- 
vernment with  the  very  article  on  which  his  contract  with  them  was 
to  operate.  He  contracts  with  the  Government  of  the  United  States 
to  deliver  whisky  rations  at  such  a  price,  and  government  then, 
while  the  contract  is  in  operation,  lay  a  tax  on  whisky,  and  raise 
and  increase  the  price.    It  strikes  me  that  Mr;  A.  has  very  strong. 


32 

fair  and  full  claims  for  a  compensation  by  way  of  indemnity  for  the 
injurious  operation  of  the  duty  upon  his  contract.  ,^„^^^ 

^  ^  *'    '  JAMES  KENT. 

JHhany^  22d  October,  1823. 


'fr- 


I  have  considered  the  within  claim  to  an  allowance  on  the  article 
of  whisky,  in  consequence  of  the  act  of  Congress,  of  the  24th  of 
July,  1813.     It  is  presumed  to  be  an  undeniable  proposition,  that 
the  samt'  principles  which  govern  and  control  the  contracts  ot  indi- 
viduals, ought  in  a  moral  and  equitable  view,  to  be  applied  between 
the  government  and  an  individual.    If  an  individual  had  by  his 
own  act  prevented  a  party  with  whom  he  had  contracted,  from  the 
performance  of  his  contract ;  or  had  artificially  and  contrary  to  the 
fust  expectations  of  the  other  party,  enhanced  the  price  of  an  ar- 
ticle contracted  to  be  delivered,  it  is  beyond  all  doubt,  that  a  court 
of  equity  would  afford  relief  to  the  injured  party.     The  Govern- 
ment undoubtedly  for  wise  purposes,  passed  the  act  relerred  to,- 
but  in  doing  so  they  unintentionally  injured  Mr,  Anderson,  by  vir- 
tually changing  the  nature  of  his  contract,  and  imposing  upon  him 
a  burden  which  he  never  could  have  contemplated  when  he  ent^ed 
into  his  contract,  on  the  25th  of  February,  1813.    The  direct  effect 
of  this  act  of  the  24th  of  July,  1813,  was  to  enhance  the  price  ot 
whisky,  and  thereby  Mr.  Anderson  was  prevented  from  obtaining 
it  upon  the  terms  contemplated  by  both  the  parties  to  the  contract. 
It  is  true  that  Mr.  Anderson  took  upon  himself  all  the  risks  ot  the 
fluctuation  in  the  market;  but  he  did  not  take  upon  him  the  risk  of 
the  rise  in  the  price  of  whisky,  produced  by  the  act  ot  the  other  con- 
traotiti"- party.     It  must  have  been  impliedly  understood  by  him, 
that  the  other  party  should  do  nothing  to  enhance  artificially,  the 
the  price  of  whisky. 

I  cannot  hesitate  in  saving  that  after  the  Government  have  con- 
tracted for  the  delivery  of  an  article  at  a  stipulated  price,  tiien  to 
pass  an  act  having  a  material  influence  on  the  price,  and  yet  to  in- 
iist  on  its  delivery  at  the  former  price,  would  be  an  extremely  rigo- 
rous and  apparently  an  unjust  proccdui e.  There  woulu  be  no  sate- 
ty  in  contracting  with  the  Government,  if  it  was  not  bound  by  the 
same  rules  of  good  faith,  which  would  be  exacted  of  an  indiyulual. 

Can  it  be  doubted  that  had  the  contractor  foreseen  this  event, 
/the  passing  of  the  act,  of  the  24th  of  July,  1813)  that  he  would 
iiot  have  guarded  against  it  by  his  contract  }  And  can  it  be  believed 
that  the  Secretary  of  War  would  have  resisted  the  insertion  ot  an 
article,  that  if  the  price  of  whisky  should  be  enhanced  by  an  act  ot 
the  Government,  that  the  enhanced  price  should  be  allowed  to  the 
contractor  ?  Considering  then  this  contract  as  one  with  the  Govern- 
ment through  its  functionary,  and  that  the  Government  have  by  an 
act  of  power  subsequently  to  the  contract,  produced  a  material  bur- 
deu  on  one  of  the  articles  contracted  to  be  delivered}  it  seems  to 


88 


y  for  the 
CENT. 


me  a  plain  and  obvious  principle  of  equity,  that  they  should  com« 
pensate  Mr.  Anderson  by  making,  good  his  losses  occasioned  by  their 

""'Zct^,  1S23.  A.  SPENCER. 


the  article 
e  24th  of 
ition,  that 
ts  of  indi- 
d  between 
ad  by  his 

from  the 
rary  to  the 

o(*^an  ar- 
lat  a  court 
le  Govern- 
jferred  to, 
m,  by  vir- 

upon  him 
he  entered 
lirect  effect 
le  price  of 
1  obtaining 
le  contract, 
isks  of  the 
the  risk  of 
;  other  con- 
od  by  him, 
ficially,  the 

;  have  con- 
ce,  then  to 
[  yet  to  in- 
emely  rigo- 
1  be  no  safe- 
und  by  the 
ndividual. 
this  event, 
t  he  would 
;  be  believed 
ertion  of  an 
by  an  act  of 
)wed  to  the 
the  Govern- 
have  by  an 
material  bur- 
it  seems  to 


It  appears  to  me  that  it  would  be  very  unjust  not  to  make  this 
allowance  to  Mr.  Anderson.     He  estimated  his  prices  and  made 
his  contract  under  a  state  of  things  which  he  had  no  right  to  pre- 
sume would  be  changed  during  its  continuance.     Government,  to 
supply  its  own  convenience  or  wants,  voluntarily  made  a  change, 
which  essentially  injured  him,  as  the  other  contracting  party,  and 
probably  deprived  him  of  all  his  profits,  the  change  might  as  well 
have  been  carried  to  an  extent  that  would  make  the  execution  of  the 
contract  ruinous  or  impossible.     If  the  change  had  been  produced 
by  the  act  of  a  stranger  or  foreign  power,  perhaps  he  would  have 
no  other  resource   but  to  throw  himself  on  the  generosity  of  the 
other  party  of  the  contract.    But  where  that  party  to  the  contract 
has  voluntarily  done  an  act  so  essentially  varying  the  situation  and 
destroying  the  profits  of  the  other  party,  I  think  he  is  bound  to 
make  good  the  consequences  of  such  act.  „,.,„,.„ 

^  THOxMAS  ADDIS  EMMET. 

JWw  Fork,  JVou.  5th,  1823. 


OS    INEUKST  ON  DECLARED  BALANCES. 

I  am  of  opinion  upon  the  within  case  that  Mr.  Anderson  is  justly 
and  equitably  entitled  to  interest  v.i  the  rate  of  six  per  cent,  per 
annum,  during  the  period  of  the  delay  of  payment  of  the  balances 
declared  in  his  favor.  The  balance  due  him  was  by  the  contract 
with  him  to  be  immediatelv  paid,  and  he  was  made  chargeable  with 
the  like  rate  of  interest  for  any  default  of  repayment  on  his  part. 

JAMES  KENl. 

Mbany,  October  21,  1823. 


If  this  were  a  transaction  between  two  individuals  amenable  to  the 
law,  there  would  not  I  think  be  a  moment's  hesitavion  as  to  the  re- 
sult, and  I  am  not  aware  of  any  rule  or  reason  ^vhy  the  United 
States  should  be  exempted  from  the  general  law.  The  contractor 
was  bound  in  case  of  his  default  to  pay  6  per  cent  interest,  (thus  fix- 
inn-  the  rate  between  the  parties)  and  the  U.  States  not  anticipating 
any  inability  on  their  part,  promised  immediate  payment— they  be- 
came unable  to  keep  their  promise;  but  they  should  now  compensate 
the  sufterers  by  their  default.    Independent  of  the  Secretary  of  the 


34 


Tieasui y's  2;eneral  (irder,  I  think  Mr.  Anderson  is  entitled  to  6  per 
cent  interest  until  paid  ;  and  besides  (at  least  under  that  orders  aa 
well  as  by  law)  to  any  <lania|j;e  on  protested  drafts  he  may  have  had 
a  ri;rht  to  draw  and  have  drawn.  In  answer  to  the  last  question  on 
the  other  side,  I  can  only  say  that  the  United  States,  as  well  as  eve- 
ry other  debtor,  are  bound  to  make  their  payments  in  specie,  and  if 
they  cannot  do  that,  they  should  make  the  paper  in  which  they  do 
pay  equivalent  to  specie. 
*^  ^     '  THOS.  ADDIS  EMMET. 

A'^ew-ForlCf  JVov.  Sth^  1823. 


i 


ON  INTEREST  FOR  ADVANCES  WITHHELD. 

No  unreasonable  or  unnecessary  delay  on  the  part  of  the  oflPcers 
of  the  United  States,  was  to  be  jriven  to  the  settlement  of  the  ac- 
counts of  Mr.  Anderson.  This  was  a  condition  inserted  in  his  con- 
tract, and  if  it  had  not  been  inserted,  yet  if  his  accounts  were  not 
duly  passed  upon  with  reasonable  dilij;ence,  he  ought  not  to  sufter 
by  the  delay.  His  claim  for  interest  upon  the  balances  found  due, 
(and  whirh  were  strictly  due  when  the  accounts  were  rendered  and 
the  vouchers  furnished)  from  the  time  he  was  entitled  to  have  them 
passed  upon,  appears  to  me  very  just  and  equitable:  I  am  of  opinion, 
therefore,  that  he  is  entitled  to  interest  according  to  the  within 

'*"""•  JAMES  KENT. 

Albany  Oct.  22,  1823. 


'I    j 


I  have  considered  Mr.  Anderson's  third  claim  upon  the  Govern- 
ment, founded  on  tlio  delay  of  the  accountant  to  settle  and  report 
upon  his  accounts  which  he  alledges  were  furnished,  supported  by 
vouchers,  in  the  manner  and  form  required,  and  at  regular  aeriods. 
In  the  nature  of  things,  as  well  as  by  the  understanding  of  the  par- 
ties, advances  were  to  be  made  to  the  Contractor  in  anticipation,  to 
enable  him  to  co^iply  with  his  contract ;  his  right  to  these  advances 
would  necessarily  depend  upon  the  fact  whether  the  state  of  his  ac- 
counts would  justify  them.     It  is  provided  by  the  contract  that  no 
unreasonable  or  unnecessary  delay,  on  the  part  of  the  officers  of  the 
United  States,  shall  be  given  to  the  settlement  of  the  accounts  ot 
Mr.  Anderson.    It  this  delay  took  place  whereby  the  contractor 
was  deprived  of  his  right  to  draw,  three  months  previous  to  the  ex- 
piration of  his  contract,  it  must  be  manifest  that  he  was  not  only 
deprived  of  funds  to  which  he  was  entitled,  but  that  he  might  have 
been  greatly  embarrassed.     In  my  opinion  he  has  a  just  claim  on 
the  Government  for  this  infraction  ot  the  contract  on  their  part:  I 
know  of  no  rule  of  compensation  so  free  from  objection,  as  the  one 
n  inch  would  apply  in  contracts  between  individuals  that  would  be. 


.^mmm!**< 


led  to  6  per 
It  ordei>  as 
ly  have  had 
question  on 
well  as  eve- 
ecie,  and  if 
lich  they  do 

EMMET. 


the  offcers 
it  of  the  ac- 
J  in  his  con- 
its  were  not 
ot  to  suffer 

found  due, 
indered  and 
I  have  them 
n  of  opinion, 
)  the  within 

3  KENT. 


the  Govern- 
e  and  report 
upported  by 
liar  periods. 

of  the  par- 
icipation,  to 
se  advances 
te  of  his  ac- 
ract  that  no 
fficers  of  the 

accounts  of 
e  contractor 
IS  to  the  ex- 
as  not  only 
!  might  have 
ist  claim  on 
heir  part:  I 
,  as  the  one 
it  would  be, 


85 

to  compensate  the  injured  party  by  payinej  him  interest  on  tlie  ba- 
lance, from  tlie  time  the  amount  (uight  to  have  been  settled,  to  the 
period  when  it  was  actually  settled. 
*^  A.  SPENCER. 

Oct.  27,  1823. 

It  seems  to  me,  that  the  contractor  is  entitled  to  interest  from 
the  time  he  had  a  right  to  draw,  till  paid,  and  also  to  damages  on 
ell  vrotested  bills  he  had  a  right  to  draw,  and  did  draw. 


Mw  Forkf  JVov.  5,  1823. 


THUS.  ADDIS  EMMET. 


ON    PROTESTED    BILLS   AND     DEPRECIATION     OF    TUEASURY 

NOTES,   &C. 


moHi 


The  following  questions  have  been  submitted  to  vie  for  my  opi 
by  Elbert  Mderson,  Esq.  late  Jirmy  Contractor. 

1.  Whether  he  is  justly  entitled  to  the  customary  damages  on 
two  bills  drawn  by  him  on  the  Secretary  of  War,  in  Oct.  1814, 
amounting  to  200,000  dollars,  and  protested  for  non-payment,  in- 
asmuch as  his  vouchers  and  account  current  had  been  previously 
lurnished  to  the  War  Department,  and  he  was  entitled  to  draw  ? 

2.  Whether  he  be  entitled  to  indemnity  from  Government  for  \os% 
on  depreciated  Treasury  notes,  which,  when  paid  to  him,  were 
tf 22,1 14  below  par  value  ? 

In  answer  to  the  first  question,  I  am  of  opinion  that  Mr.  Ander- 
son is  clearly  e'ltitled  to  the  customary  allowance  of  damages  ac- 
cording to  the  law  merchant,  and  which  are  part  of  the  law  of  the 
land,  upon  these  bills  protested.  "  The  universal  practice  and 
laws  of  nearly  the  whole  civilized  world  has  settled  it  as  a  just  and 
equitable  principle,  that  the  interest  and  damages  should  follow  a 
protested  bill."  This  was  the  observation  contained  in  the  report 
of  the  select  committee  on  Mr.  Piatt's  claims,  and  it  was  well  fouixl- 
ed  in  justice  and  in  law,  and  I  cannot  hesitate  to  believe  that  the 
Government  of  the  United  States  will  at  once  perceive,  acknow- 
ledge, and  admit  the  obligation  of  these  rules  and  usages  which  are 
prescribed  to  individuals  in  their  dealings  with  each  other. 

In  answer  to  the  second  question,  I  am  of  opinion  that  Mr.  Ari- 
derson  is  entitled  to  a  fair  and  just  indemnity  against  the  depreci- 
ation of  the  notes  in  which  he  was  paid.  The  Government  were 
bound  to  pay  in  specie.  It  is  the  principle  of  the  Constitution  that 
debts  are  to  be  paid  in  gold  and  silver,  and  if  paper  be  substituted, 
it  ought  to  be  of  equivalent  value— nothing  can  be  clearer  or  more 
persuasively  just  than  this  principle.  It  then,  Mr.  Anderson  was 
paid  in  depreciated  paper,  because  the  government  had  not,  at  the 
time,  any  tlung  better  to  otter,  they  are  bound,  in  conscience,  to 
make  good  tlie\lifterence  between  the  current  value  of  the  TrcuHury 


36 

not^s,  when  paid,  and  the  par  value.  Tf  would  not  be  in  my  power 
fo  avail  my»elf  of  better  authority  on  this  point  than  the  letter  of 
Mr.  Monroe,  of  the  date  of  hi\y  H,  1815,  in  which  the  principle 
I  have  stated  is  clearly  and  forcibly  admitted.  «  It  seemed  to  be 
just  (he  observed)  that  as  the  (iovernment  could  not  furnish  paper 
which  circulated  at  par,  the  party  ou};ht  to  be  indemnified  against 

the  loss  arisiiiw  from  the  depreciation."  

^  JAMES  KENT. 

JS^ew  Vork,  2d  June,  1824. 


If    » 


.:!  J 


.rUDGE    PI.ATt's    opinion    on    the    claims    of    ELBERT   ANDEnSON. 

Mr.  Anderson  having  submitted  for  my  examination  his  contracts 
with  the  Ignited  States,  bearing  date  the  7th  day  of  November,  1811, 
and  the  '25th  day  of  February,  1813,  with  the  accomj>anyinj«;  dciru- 
ments  and  correspondence — I  have  considered  the  questions  which 
have  arisen  between  him  and  the  accounting  officers  of  the  (Toveni- 
ment;  and  applying  the  rules  by  which  justice  is  administered,  in 
the  Courts  of  Law  and  Equity,  my  mind  has  been  led  to  the  following 
conclusions,  viz. 

First.  The  claim  of  Mr.  Anderson,  for  extra  expense  of  trans- 
porting flour  and  whisky,  over  land,  from  Philadelphia,  Haltimore, 
and  Alexandria,  to  New-York,  during  the  blockade  of  the  coast 

in  1813. 

The  contractor  had  an  undoubted  right  to  procure  his  supplies 
from  those  places;  and  he  had  an  election  to  send  them  by  land,  or 
by  sea,  at  the  risque  of  the  United  States,  as  to  capture  by  the  ene- 
my.    Two  facts,  are  certain :    1st.  That  transportation  by  land  was 
more  expensive  than  by  sea  ;  and  2d.  that  the  hazard  of  capture  was 
imminent  at  sea,  while' that  risque  was  merely  nominal  by  land.    It 
is  therefore  apparent,  that  the  contractor  voluntarily  submitted  to  a 
certain  and  heavy  additional  expense ;  whereby  he  saved  to  the 
Unitetl  States  a  sum  equal  to  a  premium  of  insurance  against  capture 
by  sea,  which  probably  cannot  be  estiuiated  at  less  than  five  times 
the  amount  now  claimed  by  the  contractor.     That  he  acted  prudent- 
ly, and  conferred  a  certain  benefit  on  the  Government,  in  executing 
that  part  of  his  contract,  cannot  be  doubted  :  and  his  claim  for  in- 
demnity, that  is  for  the  difference  between  the  expense  of  transpor- 
tation by  land,  and  by  sea,  appears  to  me  to  be  within  tlie  equity  of 
^he  stipulation,  that  the  United  States  should  bear  the  loss  by  cap- 
ture. 

Second.  The  claim  for  a  reasonable  allowance  for  casks  and 
boxes,  containing  the  component  parts  of  the  rations. 

The  contract  is  explicitly  for  rations^  by  weight  and  measure ;  to 
be  "  furnished"  and  "  issued"  by  the  Contractor :  the  casks  and 
boxes  were  used  for  the  convenience  of  the  Contractor  merely  :  they 
were  not  indispensable  to  the  fulfilment  of  his  contract ;  and  the  ra- 
tions being  issued-,  the  casks  and  boxes  were  the  property  of  the 


't^-m*  -Ww. 


8t 


III  my  power 
the  letter  of 
the  principle 
eemed  to  be 
urnish  paper 
pitied  against 

IS  KENT. 


T   ANDEnSON. 

I  his  contracts 
vember,  1811, 
|>anyinji;  (htru- 
lestions  which 
f  the  Govern - 
ministered,  in 
3  the  following 

ense  of  trans- 
ia,  Baltimore, 
J  of  the  coast 

re  his  supplies 
m  by  land,  or 
ire  by  the  ene- 
n  by  land  was 
of  capture  was 
it  by  land.  It 
jjubmitted  to  a 
saved  to  the 
igainst  capture 
han  five  times 
acted  prudent- 
it,  in  executing 
s  claim  for  in- 
ise  of  transpor- 

II  tlie  equity  of 
le  loss  by  cap- 

for  casks  and 

id  measure ;  to 
the  casks  and 
r  merely  :  they 
ct ;  and  the  ra- 
property  of  the 


Contractor.  They  were  mere  vehicles  of  transportation,  and  be- 
longed to  the  Contractor  as  much  as  the  carts  and  oxen,  or  bouts^ 
used  in  carrying  them.  If  the  contract  had  been  for  barrels  of  Hour, 
beef,  or  pork,  and  hogsheads  of  whisky,  and  boxes  of  soap  and  can- 
dles, the  usage  of  trade  would  require  a  different  construction. 

1  am  therefore  of  opinion,  that,  tor  all  such  casks,  vessels,  or  boxes, 
detained  or  converted  by  the  Government,  or  its  agents,  Mr.  Ander- 
son has  a  just  and  legal  claim. 

Third  The  claim  for  casks  and  boxes,  containing  rations,  and 
which  were  captured  or  destroyed,  &c. 

That  this  claim  is  well  founded,  under  the  6th  article  of  the  Con- 
tract of  25th  February,  1813.  seems  to  mr  so  plain  as  to  defy  the  in- 
genuity of  a  casuist  to  raise  a  doubt  against  it.  Were  those  casks 
and  boxes  "  necessarily  used  in  transporting  the  Jirticles  intended  to 
«•  compose  rations,  to  be  issued  under  this  contract  ?"  If  so,  the 
stipulation  is  express,  that  they  shall  be  paid  for  by  the  Government, 
at  their  appraised  value. 

Fourth.  The  claim  for  damages  in  being  compelled  to  receive 
provisions  of  Augustus  Porter,  itc. 

It  is  very  evident,  that  the  terms  of  the  Contract  did  not  require 
Mr.  Anderson  to  accept  those  provisions  :  and  that  they  were  im- 
posed on  the  Contractor  against  his  will,  and  contrary  to  his  interest. 
The  United  States  gained  by  it,  at  i'is  expense  ;  and  I  am  unable  to 
perceive  any  valid  objection  to  this  claim. 

Fifth.  The  claim  for  extra  compensation  for  removing  provi- 
sions, by  orders  of  General  Hall  and  General  Dearborn,  respec- 
tively. 

That  the  expense  was  greatly  enhanced  by  those  special  orders,  is 
certain  :  and,  it  appears  to  me,  that  this  claim  is  well  founded,  on 
the  equity  and  spirit  of  the  stipulation  contained  in  the  3d  article  of 
the  Contract  of  25th  February,  1813.  But,  supposing  there  had 
been  no  express  convention  for  such  a  case  ;  I  can  perceive  no  rea- 
son to  doubt  the  justice  of  the  claim,  on  general  and  acknowledged 
principles  of  equity.  Having  purchased,^  and  being  in  progress  of 
transportation,  under  xn  order  to  deliver  at  a  certain  post,  that  order 
was  countermanded  :  and  the  Contractor  was  required  to  deliver  at 
another  post.  Who  could  doubt  as  to  the  rule  of  justice,  if  such  a 
case  had  occurred  bet  .veen  private  individuals  ? 

Sixth.  The  claim  for  tax  imposed  on  whisky,  after  date  of  the 
Contract. 

If  this  were  a  continj.ency  depending  on  accident,  or  the  act  of  a 
foreign  GovernmeAt,  it  vould  have  been  among  the  hazards  incident 
to  the  Contract.  So,  if  the  Contract  for  whisky  had  been  between 
two  private  individual?,  both  alike  subject  to  the  sovereign  power  of 
laying  taxes-  Hut,  where  the  contract  is  with  the  Government,  on 
whose  volition  it  depends,  whether  such  tax  shall  be  imposed  or  not; 
good  faith  requires,  either  that  the  Govemment  should  abstain  from 
laying  such  tax,  or  thac  it  should  indemnify  the  Contractor  for  all 
damages  sustained  by  reason  of  such  ex  post  facto  imposition.  Sup- 
pose the  contract  price,  and  fair  value  of  whisky  to  be  25  cents  per 
6 


v-^> 


S8 


gallon 


ti  i\ 


and  then  suppose  the  Government,  which  contracted  at  that 
price,  should  impose  a  duty  of  25  cents  per  gallon  ;  and  should  still 
insist  on  the  fulfilment  of  the  contract,  on  the  original  terms  :  is  it 
possible  to  doubt,  that  such  conduct  would  be  an  outrageous  breach 
of  faith  ?  The  present  case  (lifters  only  in  degree,  and  not  in  jirin- 
ciple.  In  this  case,  a  tax  of  14  cents  per  gallon  was  imposed  ;  which 
necessarily  enhanced  the  price  of  that  article  to  an  equal  amount. 
And  not  only  so,  but,  in  effect,  that  amount  was  taken  from  the 
pocket  of  Mr.  Anderson,  and  placed  in  the  Treasury  of  the  United 
States.  What  he  pays  extra,  the  other  contracting  party  receives. 
To  refuse  compensation  for  the  operation  of  this  tax  upon  the  con- 
tract, would  be  'IS  unjust,  and  as  arbitrary,  as  to  pass  a  law  that  Mr. 
Anderson  should  be  bound  to  receive  14  cents  per  gallon  less  than 
the  contract  price. 

My  respect  for  the  Government  of  mj  country  will  not  permit  me 
to  doubt  of  the  success  of  this  appeal  to  its  justice. 

Seventh.  The  claim  for  interest  on  balances  due  the  Contractor, 
and  where  payments  were  deferred,  &c.  and  for  damages  on  protest- 
ed drafts. 

The  9th  article  of  the  Contract  provides  that  Mr.  Anderson 
«  shall  render  his  accounts  for  settlement,  at  least  once  in  every 
three  months. ^^  He  had  a  right  to  do  so,  as  much  oftener  as  he 
pleased. 

The  10th  article  expressly  stipulates,  «  that  if  any  balance  shall, 
«  on  any  settlement  of  the  accounts,  be  found  to  be  due  to  him,  the 
«  same  shall  immediately  be  paid.  And  that  no  unreasonable  or  un- 
«  necessary  delay,  on  the  part  of  the  officers  of  the  United  States, 
«  shall  be  given  to  the  settlement  of  the  accounts,"  &c. 

There  is  no  express  stipulation  that  tlie  Government  should  make 
advances  of  money,  before  the  settlement  of  accounts  ;  but  the  terms 
and  scope  of  the  10th  article  plainly  imply,  that  such  prospective 
advances  were  contemplated  by  the  parties  j  and  the  usage  of  the 
Government  justified  such  an  expectation. 

The  question  on  which  the  justice  of  this  claim  depends,  is, 
whether  the  Government  '.as  in  default  ?  If  the  balance  in  favor 
of  the  Contractor  was  struck  and  admitted,  and  payment  still  re- 
refused,  it  would  seem  to  be  an  unquestionable  dictate  of  justice, 
that  interest  should  be  allowed  from  the  date  of  such  refusal.  So,  if 
there  was  any  '•  unreasonible  or  unnecessary  delay,"  in  settling  his 
accounts,  the  Government  would  thenceforth  be  in  default,  and  ought 
to  pay  interest.  The  only  use  of  an  express  stipulation  to  pay  inte- 
rest, in  governmental  contracts,  is  to  settle  the  rate  of  compensation 
for  the  use  of  money,  and  to  designate  the  time  and  place  of  pay- 
ment. Aiid  where  the  Government  acknowled5;;e  a  debt,  and  refuse 
to  pay  interest,  for  money  withheld  from  its  creditor,  it  is  as  absolute 
a  breach  of  faith,  as  it  would  be  to  refuse  interest  on  the  National 
Funded  debt.  In  rc;j:ard  to  the  protested  bills,  where  there  was  an 
acknowledjicd  ria;ht  to  draw,  I  can  see  no  reason  why  the  Govern- 
ment should  not  repair  the  injury  by  the  same  rule,  as  is  prescribed 
for  a  like  injury  between  private' individuals  }  which  allows  not  only 


J 


I 


\.J^JWKS«K^^«»«^'"  %^.f *'. 


39 


icted  at  that 
I  should  still 
terms :  is  it 
^eous  breach 
not  in  jjrin- 
osed ;  which 
|ual  amount. 
:en  from  the 
f  the  United 
rty  receives. 
pon  the  con- 
law  that  Mr. 
Ion  less  than 

ot  permit  me 

5  Contractor, 
;s  on  protest- 
er. Anderson 
once  in  every 
oftener  as  he 

3alance  shall, 
le  to  him,  the 
onable  or  un- 
Jnited  States, 

:  should  make 
but  the  terms 
h  prospective 
usage  of  the 

depends,  is, 
ance  in  favor 
^ment  still  re* 
te  of  justice, 
efusal.  So,  if 
n  settling  his 
ult,  and  ought 
m  to  pay  inte- 
compensation 
place  ofpay- 
ibt,  and  refuse 
is  as  absolute 
I  the  National 
e  there  was  an 
y  the  Govern- 
>  is  prescribed 
Hows  not  only 


I 


I 


a  legal  rate  of  interest,  but  such  sum  as  will  cover  all  ordinary  dama* 
ges,  occasioned  by  disappointment,  loss  of  credit,  and  consequent 
embarrassment. 

Eighth.    The  claim  for  loss  on  depreciated  Treasury  notes. 

That  the  true  construction  of  the  Contract  is,  that  Government 
should  pay  in  specie,  or  in  something  equivalent,  is  too  plain  +o  be 
questioned.  Has  it  done  so  ?  No  !  Public  exigencies  compelled  a 
departure  from  the  terms  of  the  Contract ;  and  the  contractor  was 
under  a  necessity  of  receiving  Treasury  notes,  at  par ;  when,  in 
truth,  they  were  available  to  him  at  no  more  than  86  per  cent  of  par 
value.  Ihe  public  necessity  is  now  removed,  by  an  overflowmg 
Treasury ;  and  the  question  of  morality,  justice,  and  honor,  now  is, 
whether  the  Contractor  shall  in  fact  receive  his  stipulated  reward, 
where  he  has  been  in  no  default,  and  has  faith!  lly  performed  his 
contract  ?  or,  shall  he  lose  14  per  cent,  of  his  promised  reward,  be- 
cause the  Government  was  unable,  at  the  time,  to  give  him  any  thing 
better  than  Treasury  notes  ?  It  seems  to  me,  that,  to  doubt  of  the 
success  of  this  claim,  would  be  an  atfront  to  the  Government  of  the 
United  States. 

JViuth.  The  claim  for  hides  captured  and  destroyed  on  the  Ni- 
agara frontier,  in  November,  1813. 

These  were  hides  of  cattle  driven  by  the  Contractor  to  that  fron- 
tier, to  supply  fresh  beef  rations.  The  6th  article  of  the  contract 
stipulates  that  "  all  losses  sustained  by  the  depredations  of  an  ene- 
«»  my,  in  articles  intended  to  compose  rations,  &c.  as  well  as  iti 
«  other  property  necessarily  used  for  transporting  the  same"  shall 
be  paid  for  by  the  United  States. 

Assuming  that  it  was  a  reasonable  and  proper  execution  of  the 
Contract,  to  drive  the  cattle  alive  to  the  station  required  ;  the  ques- 
ti^)n  presented  is,  whether  the  skins  were  "  necessarily  used  in  trans- 
porting the  same  ?"  I  see  no  ground  to  contend,  that  the  hides 
were  not  the  property  of  the  Contractor ;  and,  in  every  view,  I  am 
of  opinion  that  this  claim  is  well  founded. 

JONAS  PLATT. 
Utica,  24fA  J^ovemberf  1824, 


